Hindu Marriage Act, 1955
Section 13(1)(ia)—Divorce on ground of cruelty—Dismissal of petition filed by husband—Appeal—Claim of wife that husband having developed relationship outside the marriage is fully corroborated and supported not only by oral testimony but also by the documents—Merely because there is an acquittal by a criminal court, does not wash away the cruelty committed by the appellant of being involved with a young girl during the subsistence of his marriage with respondent—Mere acquittal in a criminal case cannot be a ground to grant divorce—Despite it being a failed marriage of over 40 years, granting divorce would be adding a premium to the wrong acts of appellant—While the human emotions know no bounds and rules, but definitely the human sensibilities emanating from the mind should have prevailed for an educated person like the appellant to have reigned his affections for a third person, with scant regard for the respondent who had reposed complete faith by entering into the vows of marriage with him—This is one case where Section 23(1)(a) of the Hindu Marriage Act, which provides that no person can take advantage of its own wrong, comes into play, in full force—Additional District Judge has rightly concluded that it is the appellant who is responsible for acts of cruelty towards the respondent and had rejected the divorce petition—Appeal dismissed. [Civil Procedure Code, 1908, Order 41 Rule 1]
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