K. SRINIVAS versus K. SUNITA

The Supreme Court held that the respondent-wife had knowingly and intentionally filed a false criminal complaint against the appellant-husband and his family, and even a single such complaint is sufficient to constitute matrimonial cruelty under Section 13(1)(ia) of the Hindu Marriage Act. Therefore, the marriage was dissolved on this ground.

Parties: Appellant: K. Srinivas; Respondent: K. Sunita
Jurisdiction: India
Judgment Date: 19 November 2014
Procedural Posture: Civil Appeal / Supreme Court Decision on Appeal From High Court
Outcome: Appeal allowed. Marriage dissolved under Section 13(1)(ia) of the Hindu Marriage Act.
Legal Topics: Divorce, Cruelty as Ground for Divorce, False Criminal Complaints, Hindu Marriage Act

Family Law Divorce Cruelty as Ground for Divorce False Criminal Complaints Hindu Marriage Act

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 11 Party arguments 2

Parties

K. Srinivas

Appellant

K. Sunita

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court

Legal Issues

1 Whether filing a false criminal complaint by the wife constitutes cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, entitling the husband to a divorce.

Ratio Decidendi

Court Disposition

Appeal allowed. Marriage dissolved under Section 13(1)(ia) of the Hindu Marriage Act.

Orders

Marriage of the parties is dissolved under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
The parties shall bear their respective costs.