Hindu Marriage Act, 1955
Section 13—Dismissal of petition filed by husband—Appeal—Filing of complaint and initiation of criminal proceedings which were found to be baseless and false, do cause harassment and torture to husband and his family—Conduct of respondent-wife in filing a complaint making unfounded, indecent and defamatory allegations against her husband and parents-in-law indicates that she made all attempts to ensure that appellant and his parents are put in jail and appellant is removed from his job—Such conduct of respondent-wife has caused mental cruelty to appellant-husband—Appellant-husband and respondent-wife are living separately for last two decades—Once the parties have separated and separation has continued for a sufficient length of time and anyone of them presented a petition for divorce, it can well be presumed that the marriage has broken down—Efforts were made to resolve matrimonial dispute through process of mediation, which is one of effective mode of alternative mechanism in resolving the personal dispute but in vain—Impugned judgment is set aside and decree of divorce is granted in favour of appellant-husband—Appeal allowed.
[Paras 24, 26, 30, 34 & 35]