Hindu Marriage Act, 1955
Sections 13(1)(ia) & 28—Divorce on ground of cruelty—Dismissal of petition filed by husband—Appeal—According to the appellant-husband, the respondent-wife practiced cruelty in having refused to discharge her moral duty to take care of the aged parents of husband—Admitted case of appellant that the appellant used to live away from the respondent while serving as a police official in the State Police—Allegation of the daughter-in-law having failed to take care of her in-laws is a subjective fact—What level of care was necessary or required or desirable, was never established by the appellant—In any case, no inhuman or cruel behaviour was ever pleaded by the appellant as may have established the allegation of cruelty necessary to be proved for dissolution of marriage—Mere failure to take care of aged parents of a spouse that too when spouse had chosen to live away from his matrimonial home, may never amount to cruelty—Appeal dismissed.
[Para 4]