1) it is necessary to peruse order passed by trial court to advise .

2) since your wife has filed an criminal revision appeal against order of trail court acquitting you family court may await for order to be passed by HC in appeal .

3) SC has held in K. Srinivas Rao vs D.A. Deepa on 22 February, 2013

In our opinion, the High Court wrongly held that because the appellant-husband and the respondent-wife did not stay together there is no question of the parties causing cruelty to each other. Staying together under the same roof is not a pre-condition for mental cruelty. Spouse can cause mental cruelty by his or her conduct even while he or she is not staying under the same roof. In a given case, while staying away, a spouse can cause mental cruelty to the other spouse by sending vulgar and defamatory letters or notices or filing complaints containing indecent allegations or by initiating number of judicial proceedings making the other spouse’s life miserable.

You can take advantage of it and press in family court that it has caused immense mental torture and agony.

They are imlicating false case against you etc.

But nevertheless if you want divorce then go ahead and get rid of her.

Regds,

Adv. Payal

Hi, Divorce proceedings is different and 498/A proceedings is entirely different.

2. Appeal to the 498/A will not effect the divorce proceedings.

A Criminal Appeal or Revision, as the case may be, will have no nexus with the divorce petition which was filed before the filing of the appeal or revision. Your divorce petition will be decided on the touchstone of the grounds enumerated therein and not the acquittal in 498A or the subsequent corrective process adopted by her or the state.

My divorce petition is based on cruelty on account of the 498a acquittal. Will her filing a Cri. Rev affect the judgement of divorce petition? Will it no longer be considered as "Cruelty proven" by the Family court?

Lodging a false criminal complaint under section 498a itself is a ground for cruelty, in your case you have been acquitted hence you ma proceed with the divorce case relentlessly on the same grounds.

Her Lawyer's argument is that the acquittal does not specifically state it is a "False" case.

Does not matter. Let her lawyer speak anything, the initiation of such case itself is cruelty especially when the accused is acquitted.

Is there any case law that can be submitted to prove cruelty even though the Appeal and revision has been filed at Sessions court against the acquittal by her?

There are thousands of case to prove cruelty for the case filed under section 498a.

For your reference the following will be interesting to you:

If a woman's complaint accusing her husband and in-laws of cruelty under the dreaded Section 498A of Indian Penal Code turns out to be false, then the man is entitled to divorce, the Supreme Court has ruled.

Allowing dissolution of marriage between K Srinivas and K Sunita, the court said, "We unequivocally find that the respondent-wife had filed a false criminal complaint, and even one such complaint is sufficient to constitute matrimonial cruelty. We accordingly dissolve the marriage of the parties."

After the wife left her matrimonial home on June 30, 1995, the husband filed a divorce suit on July 14, 1995 on the ground of cruelty as well as irretrievable breakdown of marriage. The wife retaliated by filing a criminal complaint against her husband and seven of his family members under various provisions of IPC and Dowry Prohibition Act. The husband and his family members were arrested and jailed.

A Hyderabad court on June 30, 2000, acquitted the husband and his family members of the charges leveled against them by the wife. Another family court granted divorce to the husband on December 30, 1999 on grounds of cruelty as also irretrievable breakdown of marriage. But the HC, on the woman's appeal, set aside the divorce decree.

On the woman's statement to police on the complaint lodged by her against her husband and his relatives, an apex court bench of justices Vikramjit Sen and PC Pant said, "This is clearly indicative of the fact that the criminal complaint was a contrived afterthought. We affirm the view of the HC that the criminal complaint was 'ill advised'."

The judgment, authored by Justice Sen, added. "In these circumstances, the HC ought to have concluded that the wife knowingly and intentionally filed a false complaint, calculated to embarrass and incarcerate the husband and seven members of his family and that such conduct unquestionably constitutes cruelty as postulated under Section 13(1)(a) of the Hindu Marriage Act. In any event, both parties were fully aware of this facet of cruelty which was allegedly suffered by the husband."

Though the court granted divorce, it did so on the ground of cruelty to husband and not on irretrievable breakdown of marriage.

My divorce petition was filed in 2012, acquitted in Jan 2015 and we are staying separate since 2012.

You have a strong case for divorce.

if acquittal is based on lack of evidence then it does not consider as false case but in case of no evidence or insufficient evidence to establish the fact that there is reason to believe that offence is committed then it is called false case.

false case is ground of divorce and disentitled the wife for maintenance. Appellate court is the court of record. accused cannot adduce any evidence in appeal. if you state details fact then we can advice about probable result of your case.

1) is your divorce case based only on 498A acquittal

2) did you not mention other incidents which constitute mental cruelty ?

3) file an appeal against order dismissing yiur divorce petition

If what you say is correct then the judgement is erroneous. It would be a fit case for an appeal before high court.

The civil case, i.e., the divorce case is totally different to that of the criminal case especially when the same was acquitted.

It is none of the business of the family court to create an adverse impact on the divorce case for the reason that the 498a appeal is pending.

It is totally unjustified and against natural justice.

If there were some other reason for dismissal then it could have been accepted.

This 498a appeal is a subsequent development hence it cannot be taken into consideration to decide divorce case.

Prepare a strong ground for appeal and fight it out.

File the appeal to challenge the order.