ILC-2010-SC-CIVIL-Feb-1
MANISHA TYAGI v. DEEPAK KUMAR
Divorce - Filed by the husband on the ground of cruelty - Trial Court holding that husband remained unsuccessful in proving that wife treated him with cruelty - Observations of the trial Court affirmed by Single judge of HC - HC Concluded that both parties were at fault, and granted relief to the husband by passing a decree for judicial separation - Division Bench set aside the judgment and granted decree of divorce to the husband - Trial Court as well as the Appellate Court concluded that behaviour of the husband as well as the wife falls short of the standard required to establish mental cruelty - No compelling necessity, before the Division Bench to justify reversal, of the decree of judicial separation - Order of the Division Bench set aside - Appeal allowed - no costs.
Topic(s)-Divorce
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