Hindu Marriage Act, 1955
Section 13(1)(ib)—Divorce on ground of desertion—Dismissal of petition filed by husband—Appeal—Wife was guilty of deserting the husband without any reasonable cause—Divorce petition deserves to be allowed on ground of desertion—Impugned judgment and decree is set aside and marriage solemnized between parties is dissolved—Appeal allowed.
[Paras 8 to 12]
Section 13(1)(ia)—Divorce on ground of cruelty—Dismissal of petition filed by husband—Appeal—In marital relationship mutual trust is the golden thread that weaves affection and admiration in the life of married couples and it gets impaired when unfounded and defamatory allegations are made by one against the other—In the light of unfounded accusations made by respondent-wife, regarding her subjugation to dowry harassment and solemnization of second marriage by appellant-husband, the divorce petition deserves to be allowed on ground of cruelty—Impugned judgment and decree is set aside and marriage solemnized between parties is dissolved—Appeal allowed.
[Para 14]
Decision : Appeal allowed