Hindu Marriage Act, 1955
Sections 13(1)(ia) & 13(1)(ib)—Divorce granted by Family Court in favour of husband on ground of cruelty and desertion—Appeal—Not even single incident with reference to specific date of alleged cruelty has been urged in the plaint before the Family Court—Alleged certain flimsy act or omission or using some threatening and harsh words may occasionally happen in the day-to-day conjugal life of a husband and wife to retaliate the other spouse but that cannot be a justified/sustainable ground for taking divorce—Husband has failed to prove the allegation of cruelty, much less, the decree of cruel behaviour of wife which is legally required for grant of decree of divorce under Section 13(1) of the Hindu Marriage Act—Just after four months of alleged desertion by wife, the husband has filed the present divorce petition which is pre-mature and clearly indicates that husband did not make reasonable efforts to settle with her wife and hurriedly filed the divorce petition—Dissolution of marriage between parties appears to be not justified in the eye of law—While allowing the divorce petition, no permanent alimony was decided by the Family Court which is the legal rights of a deserted wife and her dependent-daughter—Impugned judgment and decree passed by the Family Court is set aside—Appeal allowed.
[Paras 19, 20 & 22]