The court emphasized that lodging a complaint without grounds, leading to prosecution and subsequent acquittal, can constitute mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act.

S.K. GANGELE, J.

1. Appellant has filed this appeal against the judgment dated 19/03/2013 passed by the family court in Civil Suit No. 49-A/2011.

2. Plaintiff/ Respondent filed a suit for divorce under Section 13 of the Hindu Marriage Act. He pleaded that marriage of respondent with appellant was solemnized on 22/01/2006 at Mandideep District Raisen. From their wedlock a son was born. When the plaintiff had gone to the house of defendant/ appellant, he was ill-treated. Defendant abused family members of the plaintiff. Defendant lodged report under Section 498-A of IPC against the plaintiff and his family members. On the basis of aforesaid report, plaintiff his father, mother, brother and his wife were prosecuted for commission of offence punishable under Section 498-A of the IPC.

3. The trial court acquitted the family members of the plaintiff vide judgment dated 28/10/2013. The defendant was living separately without any reason for last two years and inspite of his best efforts she did not return back.

4. Defendant/ Appellant in her written submission denied the pleadings of the plaintiff/ respondent. She pleaded that her parents gave dowry of Rs. 60,000/- at the time of marriage, however, after marriage plaintiff made demand of Rs. 5,00,000/- cash and Pulsar motor cycle. When the aforesaid demand was not materialized, appellant was ill-treated, she was beaten. The plaintiff was providing coaching in a coaching centre and used to earn Rs. 20,000 to 25,000/- per month. The plaintiff filed an application under Section 9 of Hindu Marriage Act and appellant had admitted the fact that she lodged complaint against family members because she was ill-treated. The trial court framed issues that whether the appellant was living separately without any reason for last two years and whether she practiced cruelty with the plaintiff and whether appellant was forced to leave the matrimonial home.

5. After appreciation of evidence, the trial court has held that the appellant was living separately from the plaintiff/respondent for last two years from the date of filing of the suit without any reason and she deserted the respondent. The trial court has held that the appellant filed a complaint against the family members of the plaintiff and a case under Section 498-A of IPC was registered against the family members including plaintiff, they were prosecuted, hence, the appellant practiced cruelty. On the basis of cruelty, the trial court granted a decree of divorce.

6. It is an admitted fact that the appellant lodged complaint against respondent and his family members. On the basis of aforesaid FIR, a criminal case for commission of offence punishable under Section 498-A of IPC was registered against the plaintiff and his family members. They were prosecuted. Plaintiff/husband in his evidence deposed that the family members were handcuffed and they were sent to jail. The appellant abused him before his family members. He further deposed that he filed a suit for restitution of conjugal rights.

7. Appellant examined herself. She denied the fact that she was treated the respondent with cruelty. She did not mention the fact that under what circumstances she lodged criminal complaint against respondent and his family members. However, it is an admitted fact that the appellant had lodged complaint. The trial court passed judgment in criminal case on 28/10/2013. The trial court observed that the appellant failed to prove allegations that any offence was committed by the respondent or his family members punishable under Section 498-A of IPC. The Apex Court in the case of K. Srinivas Rao Vs. D.A. Deepa (2013) 5 SCC 226 has considered the fact of lodging criminal complaint without any basis against husband and his family members and trial of family members for commission of offence punishable under Section 498-A of IPC and the fact that whether the aforesaid act of wife amounts to mental cruelty or not under Section 13(i)(i-a) of Hindu Marriage Act. Th