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Family LawSupreme Court of India

K. Srinivas v. K. Sunita

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 1213 of 2006)Decided 19 Nov 2014
Civil Appeal No. 1213 of 2006
Justice Vikramajit Sen · Justice Prafulla C. Pant

Background

After the husband sought divorce, the wife filed a criminal complaint that resulted in the arrest of him and seven relatives. They were acquitted, while the wife's appeal against a divorce decree succeeded in the High Court. The husband challenged that result, relying on the complaint as cruelty.

Decision Breakdown

The Court allowed the appeal and dissolved the marriage on the ground of cruelty. It found that the wife knowingly and intentionally made a false complaint designed to embarrass and imprison the husband and his family. That conclusion rested on the record, including material incidents omitted from her police statement, rather than treating acquittal alone as automatic proof of falsity. Even one deliberately false criminal complaint could constitute matrimonial cruelty. The complaint's filing after the divorce petition did not prevent its consideration because both sides knew the issue and had contested evidence about it without a timely pleading objection.

Lesson Learnt

A deliberately false criminal complaint against a spouse can justify divorce for cruelty, even if there is only one complaint. This case required an affirmative finding of intentional falsity from the evidence; it does not make every unsuccessful prosecution grounds for divorce.

K. Srinivas v. K. Sunita – Legal Case Shots | LegalAware