There have been many instances where women tend to making serious allegations and file criminal cases against the husband when he files a petition for divorce before the appropriate court. Moreover, the wife has no right to file such cases when she has no substantial proof to back up her claims. However, women still tend to abuse the powers of the law to harass or threaten their husbands to abide by their wishes.
It is well decided that in cases where false criminal allegations are made by the wife against the husband it would fall under the definition of cruelty. The husband would be entitled to divorce under these grounds.
Why does it amount to cruelty?
This amounts to cruelty not only due to the reasons stated above. Moreover, the husband’s family would be subject to criminal prosecution, arrest, unnecessary litigation for no wrongdoing committed by him. Abuse of the laws can make one’s life a nightmare, thus mental cruelty is clearly established.
Husbands tend to withdraw their petitions or back-out from filing a divorce petition due to the threat of facing false criminal allegations. In cases where a divorce petition has been withdrawn without obtaining permission under Order 23 Rule 1 of the Code of Civil Procedure. A second petition can be entertained under the same facts, circumstances and grounds.
References:
N.R. Narayan Swamy vs. B. Francis Jagan