Allahabad High Court Rules Out Malicious Prosecution in Matrimonial Cases

The Allahabad High Court ruled that no spouse may be expected to stay in a marriage that risks malicious criminal prosecution. The court allowed a man's divorce appeal, noting the wife's reckless dowry allegations constituted extreme cruelty. The bench overturned a previous district judge's dismissal of the divorce suit.

The Allahabad High Court has stated that no spouse, whether male or female, should be compelled to remain in a matrimonial relationship under the threat of malicious criminal prosecution.

The court allowed a man's appeal for divorce, finding that although there was no demand for dowry, the wife had made reckless allegations against all members of his family, which constituted 'extremely cruel' conduct.

A bench of Justices Saumitra Dayal Singh and Donadi Ramesh overturned a July 23, 2010 order by the district judge of Ballia, who had dismissed the husband's divorce suit.