Hindu Marriage Act, 1955
Sections 13 (1) (ia) & 13 (1) (ib)—Dissolution of marriage on ground of cruelty and desertion—Dismissal of petition filed by husband—Appeal—Taunting a person for his handicap, and pushing him around to throw him on the ground when he is helpless and unable to defend himself, constitutes the most inhumane kind of cruelty which can be meted out to any disabled person; and the respondent’s such actions amount to her inflicting both physical and mental cruelty on the appellant—Respondent-wife has filed false criminal complaints against appellant-husband and his old parents, in which they have been duly acquitted—Respondent herself has been convicted for defamation under Section 500 of the IPC—If the wife files frivolous and un-true complaint against her spouse of which he is ultimately acquitted, it amounts to cruelty and is sufficient ground for divorce—Acts of respondent amount to cruelty against appellant—Husband entitled to decree of divorce—Appeal allowed.
[Paras 22, 25, 26, 30 & 31]