Hindu Marriage Act, 1955
Section 13—Grant of decree of divorce—Appeal filed by wife—Allegation that husband is associated with a second woman outside the marriage and a child was born—Allegation of the like nature that the husband had illicit relation with a lady or performed second marriage and a child was born is required to be established by cogent evidence or otherwise it would amount to assassinating the character of the husband—Husband is a Government Teacher having social status—Wife had filed a complaint under Section 323 of the IPC wherein complete rigor of trial was faced by the husband, which would definitely have the effect of lowering his reputation—Conduct of wife would prima facie inflicts upon the husband such mental pain, suffering as would make it not possible for the husband to live with her—Parties are living apart since 2011 and there has been irretrievable break-down of marriage—Decree of divorce granted by court below is justified—Appeal dismissed.
[Paras 11 to 15]