Hindu Marriage Act, 1955
Sections 13(1)((ia) & 13(1)(ib)—Divorce on ground of cruelty and desertion—Dismissal of petition filed by husband—Appeal—Respondent has initiated seven proceedings against the appellant including five criminal cases under Section 498A of the IPC and the Dowry Prohibition Act—Criminal case was finally dismissed and appellant was acquitted—Acquittal casts a shadow on the truth of the allegations made by the respondent—Appellant lost his job as a teacher and is unable to find a new job by reason of the criminal cases registered against him—No evidence filed before the court to show that appellant and respondent intend to continue living as a married couple or are looking forward to a life together—Respondent has admitted that parties lived together as husband and wife only for 3 months and that she is living apart from the appellant for seven years—Appellant is entitled to a decree of divorce on the ground of cruelty and of the marriage having broken down beyond repair—There is no chance of the parties resuming their matrimonial life—Parties have also not expressed any intention to do so by way of their respective submissions or by documentary evidence—Since the very foundation of the marriage has fallen apart, the Court cannot force the parties to reconcile and live together as husband and wife—Impugned order set aside—Appeal allowed.
[Paras 20 to 26]