The following information may kindly be read:
It is clear from this unfair nature of laws that unlike other laws of India, the Burden of Proof in laws dealing with protection of women lies on the accused to prove his innocence which means that the husband and his family members are immediately apprehended as soon as wife lodges an FIR that is without an opportunity of being heard, they are considered as accused.
But recently, the verdict given by the High Court of Bombay in the case of Shri Mangesh Balkrushna Bhoir v. Sau. Leena Mangesh Bhoir decided on 23rd December, 2015 provided some relief to the husband in such cases of false complaints. The Court held that whenever a wife institutes a false complaint against her husband and his family members and the husband and his family members get acquitted, and no case is made out against them, then such an act of wife would constitute cruelty. The judgment was delivered by Justice R.D. Dhanuka wherein he said that on such a ground, the husband is entitled to file a petition for divorce from her wife.
IPC does not define the term cruelty. The courts in India have regarded cruelty as an inhuman act that causes mental sufferings and threatens the health and life of another person. There can be mental as well as physical cruelty either by husband or wife. Section 13(1) (i-a) of The Hindu Marriage Act, 1955 provides cruelty as one of the grounds for divorce and party seeking divorce must prove that it has become impossible for husband and wife to live together.
FACTS OF THE CASE
In the above matter, the complaint was filed by the wife against her husband and his family members under Section 498A read with Section 34 of Indian Penal Code. Thereafter, the Husband filed a petition praying for divorce on the ground of cruelty and on other grounds. The petition of the wife was dismissed as the prosecution failed to provide sufficient evidence to the court, and hence the court acquitted the accused. In the meantime, the divorce petition of the Husband was allowed on the ground on cruelty. The first appellate court set aside the order for divorce. The Husband filed an appeal against it.