From this recent Punjab and Haryana HC judgment, the court is of opinion that mere filing of criminal case by woman does not amount to cruelty for purpose of granting divorce to husband. Basically it is only after prosecution is in progress and evidences given to disprove allegations that cruelty can be established.
Learned counsel for the appellant also contended that the
registration of FIR Ex.P.6 under sections 406/498-A/323/506 IPC itself amounts
to cruelty because false allegations have been levelled in the complaint. This
plea again deserves to be noticed to be rejected as the criminal case is still
pending and it is yet to be determined whether the allegations are correct or
false. Filing of complaint by a wife to redress her grievance cannot amount to
cruelty. It is only false criminal prosecution which amounts to cruelty. There
is nothing on record so far to show whether allegations are false or the
complaint has been filed by respondent to redress her grievances.