Wife cannot keep dead case alive after mutual divorce, says Calcutta High Court

The Calcutta High Court has dismissed a cruelty case filed by a woman against her husband, who filed for divorce after three years of separation. The court ruled that the woman's refusal to withdraw the case despite her mutual consent divorce amounted to bad faith and fraud on the judicial mechanism. The couple had registered their marriage in July 2018, and after a troubled period, they moved to New Delhi due to marital discord.

The wife filed a cruelty case against her husband in West Bengal, but she never appeared to withdraw the case, and the husband remained in a criminal trial. The High Court noted that an undertaking given to a court of law was a solemn commitment and could not be used as a means to keep a dead criminal prosecution alive.