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Head Note

The Hindu Marriage Act, 1955  - Section 13 (1)

Divorce - Ground of cruelty - Filing false criminal complaint - Held if a false criminal complaint is preferred by either spouse it would invariably and indubitably constitute matrimonial cruelty, such as would entitle the other spouse to claim a divorce - Respondent-Wife had filed a false criminal complaint, and even one such complaint is sufficient to constitute matrimonial cruelty - Accordingly the marriage of the parties liable to be under Section 13(1)(ia) of the Hindu Marriage Act.

Topic(s)-Cruelty divorce granted

Important Decision(s)- If a false criminal complaint is preferred by either spouse it would invariably and indubitably constitute matrimonial cruelty, such as would entitle the other spouse to claim a divorce.