Good news for all the husbands/Men out there who have been subject to false criminal cases by their spouses: Husbands who have been acquitted after trial in 498A IPC cases can now seek divorce on the grounds of cruelty:

What is 498A-IPC … Cruelty, Dowry, etc are all considered under these charges.

When a husband has been subject to false accusations by his wife under 498-A IPC; once acquitted he should automatically inherit a right to file for divorce under the grounds of cruelty. The mere fact that a false case was filed by his wife provides a crystal clear prima facie case of mental cruelty.

To provide clarity to what we are saying; here are some of the observations made my the Supreme Court of India:

“The above observation of the High Court cannot be approved. It is true that it is open for anyone to file complaint or lodge prosecution for redressal for his or her grievances and lodge a first information report for an offence also and mere lodging of complaint or FIR cannot ipso facto be treated as cruelty. But when a person undergoes a trial in which he is acquitted of the allegation of offence under Section 498-A of IPC, levelled by the wife against the husband, it cannot be accepted that no cruelty has meted on the husband”.

The  prosecution is launched by the respondent against the appellant under Section 498-A of IPC making serious allegations in which the appellant had to undergo trial which ultimately resulted in his acquittal. In the prosecution under Section 498-A of IPC not only acquittal has been recorded but observations have been made that allegations of serious nature are levelled against each other. The case set up by the appellant seeking decree of divorce on the ground of cruelty has been established

Observing thus, it can be concluded that the husband has made a ground for grant of decree of dissolution of marriage on the ground of cruelty.

References: Rani Narasimha Sastry Vs Rani Suneela Rani