Civil Procedure Code, 1908
Section 152—Amendment of judgments, decrees or orders—Operative decree wrongly mentions names of parties unrelated to present case—Error is regrettable and reflects a drafting oversight—Such error is clerical and rectifiable under Section 152 of CPC.
[Para 18]
Hindu Marriage Act, 1955
Section 13(1)(ia)—Grant of divorce in favour of husband on ground of cruelty—Appeal—Denial of conjugal relations by wife—Exhibited communications reflect reluctance, hesitation and unwillingness on part of the appellant-wife to engage in conjugal relations during the crucial initial period of marriage—Denial of conjugal relations were willful and persistent, and therefore amounted to mental cruelty, is a permissible conclusion on the evidence—Finding of cruelty has been determined on the basis of a review of entirety of the matrimonial life of the parties—Husband had proved cruelty on a preponderance of probabilities is supported by the record and does not warrant appellate interference—Appeal dismissed.
[Paras 14, 22 & 23]
Section 15—Divorced person when may marry again—Allegation of remarriage in contravention of waiting period or during the pendency of appeal—Post-decree conduct of successful party cannot be relied upon to challenge or invalidate a decree that is otherwise lawful—Any allegation of remarriage – if at all true – has no bearing on the validity or sustainability of the decree under challenge and cannot furnish a ground for interference in appeal.
[Paras 20 & 21]