Hindu Marriage Act, 1955
Section 13(1)(ia)—Grant of divorce on ground of cruelty in a petition filed by husband—Appeal filed by wife—Appellant had not been able to bring on record any document or any cogent evidence to prove that the respondent was married at the time of his marriage with the appellant—Her allegations were based on mis-information as had been admitted by the appellant before the Family Court—Respondent for about two years was subjected to civil and criminal litigation by the conduct of the appellant who had filed not only civil, but also criminal cases against him for unsubstantiated allegations arising from mis-information—Conduct of appellant in attempting suicide and then trying to put the blame on the husband and his family members is an act of extreme cruelty as the family remanded under constant threat of being implicated in false cases—During the two years of their matrimonial life, the parties barely resided together for ten months in all—Even during that time there were various acts of cruelty of being subjected by the wife towards husband—Family Court has rightly held that the husband was subjected to cruelty by wife and granted divorce under Section 13(1)(ia) of the Hindu Marriage Act—Appeal dismissed.
[Paras 21 to 26 & 31]
Decision : Appeal dismissed