Hindu Marriage Act, 1955
Section 13—Divorce on ground of cruelty and desertion—Dismissal of petition filed by husband—Appeal—Criminal complaint leveling serious allegations filed by wife—After facing trial about 4-1/2 years husband has been acquitted of the charges as the allegations levelled by the wife against husband were found to be false—Filing of complaint and initiation of criminal proceedings which were found to be baseless and false, do cause harassment and torture to the husband and his family. One such complaint is sufficient to constitute matrimonial cruelty—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 the appellant is removed from his job—Such conduct of respondent-wife has caused mental cruelty to the appellant-husband—Decree of divorce granted in favour of appellant-husband—Appeal dismissed.
[Paras 24 & 26]
Section 13—Divorce—Ground—Issue as to whether relationship of husband and wife has come to an end and if wife is not ready to give mutual divorce to husband, whether this act of her, would amount to cruelty towards husband, keeping in view the fact that she is not staying with her husband for the last twenty years and there is no scope that they can cohabit as husband and wife again—Once 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—Marriage between parties had broken down irretrievably and there is no chance of their coming together, or living together again—Court, no doubt, should seriously make an endeavour to reconcile the parties; yet, if it is found that the breakdown is irreparable, then divorce should not be withheld—Consequences of preservation in law of the unworkable marriage which has long ceased to be effective are bound to be a source of greater misery for the parties—Husband and wife are living separately since April, 2002—Efforts were made to resolve the matrimonial dispute through process of mediation, which is one of the effective mode of alternative mechanism in resolving the personal dispute but in vain—Marriage deserves to be dissolved by a decree of divorce.
[Paras 27, 30 & 34]