Hindu Marriage Act, 1955
Sections 13(1)(ia) & 13(1)(ib)—Dissolution of marriage on ground of cruelty and desertion—Dismissal of petition filed by husband—Appeal—Even making one false complaint against the other spouse would amount to cruelty—FIR registered under Section 498A, 406 and 323 of IPC by respondent-wife against appellant and his mother which was not found to be correct as they were acquitted—Parties have been living separately for more than one decade and efforts were made to resolve the matrimonial dispute through the process of mediation, but in vain—Appellant had suffered desertion and cruelty at the hands of respondent—Impugned judgment and decree is set aside and divorce granted in favour of appellant-husband—Appeal allowed.
[Paras 14 to 17]
Decision : Appeal allowed