Hindu Marriage Act, 1955
Section 13(1)(ia)—Cruelty—What constitute—Cruelty in Section 13(l)(i-a) of the Hindu Marriage Act can broadly be defined as conduct of a party which inflicts upon the other party such mental/physical pain and suffering as would make it not possible for that party to live with the other—Cruelty has to be distinguished from ordinary wear and tear of family life—It cannot be decided on the basis of sensitivity of a person, but has to be adjudged on the basis of course of conduct which would, in general, be dangerous for a spouse to live with the other.
[Para 15 & 17]
Sections 9 & 13(1)(ia)—Petition filed by wife for restitution of conjugal rights had been dismissed and divorce petition filed by husband on grounds of cruelty and desertion was allowed by the Family Court—Appeals—Entire finding of cruelty is based upon the allegation of character assassination, which was not at all proved rather was denied by husband himself—In the event of the husband denying the allegation of himself the statements of other witnesses in that regard cannot be relied—Findings arrived at by the Trial Court regarding cruelty done by the wife herself towards husband, due to which she is not entitled for decree of restitution of conjugal rights, is concerned, the Trial Court fell into trap of the fact that since the wife herself had given in writing in the meeting that she needs 6-7 months time to think over the matter and till then she doesn’t want to live with husband, therefore it could be inferred that she herself had left the house on her own accord and further in the reconciliation proceedings before the Trial Court since she had refused to withdraw the allegations made against husband, cannot be sustained because when a person is required to take a major decision in her/his life, it is natural for a person to be under immense pressure and in that pressure any decision taken cannot be said to taken with a free mind, also in the application filed for restitution of conjugal rights under Section 9 of the Hindu Marriage Act there were no allegations made, which were made the basis of judgment for divorce, which she could have withdrawn, therefore, the findings arrived at by Family Court are perverse—No substance found in allegation of cruelty and conclusion arrived by trial court trial court regarding wife’s petition under Section 9 of the Act is also based upon perverse findings cannot be sustained—Application of wife under Section 9 is allowed and consequently petition under Section 13 of the Hindu Marriage Act filed by husband is dismissed.
[Paras 15 to 20]