The Husband was denied his Divorce Petition in the High Court stating that mere submission of an FIR by wife and a complaint made by her in court does not entitle the husband to a divorce.

However, when the Husband appealed the same to the Supreme Court, it was held that:

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 Husband was granted the divorce under the said act on the grounds of cruelty caused to him by the unfair registration of FIR and offence u/s. 498A, IPC

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