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Head Note

The Hindu Marriage Act, 1955  - Section 10 , Section 13 (1)

Divorce - Cruelty - Husband filed divorce petition on ground of cruelty alleging that wife is quarrelsome, rude and she makes baseless complaints to his superior officers - Wife made counter allegations that husband and his family treated her with cruelty on not fulfilling their dowry demand - Held, behaviour of both husband and wife fall short of standard required to establish mental cruelty - No ground for divorce made out - However decree of judicial separation granted to husband as the Court found that it was not possible for parties to live together.

The Hindu Marriage Act, 1955  - Section 13 (1)

Cruelty - The party seeking divorce is not required to show that conduct is so atrociously abominable which would cause a reasonable apprehension that it would be harmful or injuries to continue the cohabitation with the other spouse - Therefore to establish cruelty it is not necessary that physical violence should be used - However continued ill- treatment cessation of marital intercourse, studied neglect, indifference of one spouse to the other may lead to an inference of cruelty.

Topic(s)-Divorce - Cruelty

Important Decision(s)- Decree of judicial separation granted to husband as the Court found that it was not possible for parties to live together.