Hindu Marriage Act, 1955
Section 13 (1)(ia)—Divorce on ground of cruelty—Dismissal of petition filed by husband—Appeal—Suspecting the character of other spouse and making complaint to police would certainly amount to mental cruelty, when it is not substantiated by any evidence—In the divorce petition of the husband it was specifically pleaded that wife suspected his character and she visited his work place and created scene there by using filthy language and connecting the appellant with other female teaching staff working with him, in the presence of students and other colleagues in the college—Wife caused mental cruelty to husband by suspecting his character and making false allegations of extra-marital affairs in the presence of his colleagues and students and also before the police—Act of wife in removal of thali chain at the time of separation coupled with various other evidences available on record, compel this court to come to a definite conclusion that the parties have no intention to reconcile and continue the marital knot—Decree for divorce granted in favour of appellant/husband by dissolving the marriage—Appeal allowed.
[Paras 14, 17, 20 & 21]
Decision : Appeal allowed