A.S. Oka, J.

1. By this Family Court Appeal, the Appellant husband has taken an exception to the judgment and decree dated 5th April 2006 passed by the learned Judge of the Family Court, Pune. We have blocked the names of the parties for the benefit of the parties considering the rival allegations.

2. The Appellant husband filed a Petition for seeking a decree of divorce under Clause (ia) of Sub-section (1) of Section 13 of the Hindu Marriage Act, 1955. The marriage was solemnized on 3rd July 1998. The divorce was sought on the ground of cruelty. The ground of cruelty is based on the allegation that a false prosecution was initiated at the instance of the Respondent against the Appellant and his family members for the offence punishable under Section 498A of the Indian Penal Code. In the Petition for divorce, the Appellant has set out various details and has alleged that the manner in which the prosecution was conducted caused enormous mental cruelty to him and to his family members. It is pointed out that the prosecution resulted into the acquittal. The Respondent wife denied the allegations by filing a written statement. The Appellant examined himself. The Respondent exami