Hindu Marriage Act, 1955
Sections 13(1)(ia) & 13(1)(ib)—Divorce—Cruelty and desertion—Dismissal of divorce petition filed by wife—Appeal—Appellant was married to respondent in 2002 and they lived together till 2010 then they got separated—Petition for divorce by mutual consent was filed by both the parties and same was withdrawn—Parties again lived together for six months but were not able to revive their relationship as husband and wife and again separated—After separation, the appellant-wife did second marriage and she is not claiming maintenance from respondent—Respondent is having separate life along with his daughters—Respondent is treating appellant with cruelty in not giving her option to live her life freely according to her choice which is fundamental right of appellant and unnecessarily opposing petition for divorce when she is already living with another man though marriage between them is invalid—Marriage between parties is dissolved.
[Paras 9 to 12]