🎯 *Whether the court can give divorce to the husband on the ground that the wife has filed a criminal complaint after filing of divorce petition even if the husband has not claimed divorce on that ground?*
*It cannot be in doubt that in an appropriate case the unsubstantiated allegation of dowry demand or such other allegation has been made and the husband and his family members are exposed to criminal litigation and ultimately if it is found that such allegation is unwarranted and without basis and if that act of the wife itself forms the basis for the husband to allege that mental cruelty has been inflicted on him, certainly, in such circumstance if a petition for dissolution of marriage is filed on that ground and evidence is tendered before the original court to allege mental cruelty it could well be appreciated for the purpose of dissolving the marriage on that ground. However, in the present facts as already indicated, the situation is not so. Though a criminal complaint had been lodged by the wife and husband has been acquitted in the said proceedings the basis on which the husband had approached the Trial Court is not of alleging mental cruelty in that regard but with regard to her intemperate behaviour regarding which both the courts below on appreciation of the evidence had arrived at the conclusion that the same was not proved. In that background, if the judgment of the High Court is taken into consideration, we are of the opinion that the High Court was not justified in its conclusion.*
*IN THE SUPREME COURT OF INDIA*
Civil Appeal Nos. 1912-1913 of 2020
Decided On: 03.03.2020
*Mangayakarasi Vs. M. Yuvaraj*
Hon’ble Judges/Coram:
*R. Banumathi, S. Abdul Nazeer and A.S. Bopanna, JJ.*
Citation: *(2020) 3 SCC 786*
