Case Note & Summary
The appellant husband filed a divorce petition under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, against the respondent wife in the District Court at Pune. The marriage was solemnized on 12 February 1987 as per Bauddha rites, and two male children were born. The husband alleged cruelty on grounds that the wife picked quarrels on trivial matters, was suspicious of his behavior, leveled defamatory allegations of an extramarital affair, sold gold ornaments without permission, and incurred a milk debt of Rs. 2,000 without explanation. The wife denied all allegations and claimed that the husband was cruel and had driven her out of the matrimonial home. The trial court dismissed the petition, finding the allegations unsubstantiated. The husband appealed to the Bombay High Court. The High Court examined the evidence and found that the husband's allegations were vague and lacked corroboration. The court noted that mere quarrels and suspicion without grave conduct do not amount to cruelty. Regarding desertion, the court held that the wife had reasonable cause to leave and there was no animus deserendi. The appeal was dismissed with costs.
Headnote
A) Family Law - Divorce - Cruelty - Section 13(1)(ia) Hindu Marriage Act, 1955 - The husband sought divorce on grounds of cruelty alleging that the wife quarreled on trivial matters, suspected his fidelity, and sold ornaments without permission. The trial court dismissed the petition. The High Court upheld the dismissal, holding that the allegations were not grave enough to constitute cruelty and lacked corroboration. (Paras 1-10) B) Family Law - Divorce - Desertion - Section 13(1)(ib) Hindu Marriage Act, 1955 - The husband also claimed desertion, but the court found that the wife had a valid reason to leave due to the husband's conduct and that there was no intention to desert permanently. (Paras 11-15)
Issue of Consideration
Whether the allegations of cruelty and desertion by the wife are sufficient to grant divorce under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955.
Final Decision
The appeal is dismissed with costs. The judgment and decree of the trial court dated 28 August 2002 are confirmed.
Law Points
- Cruelty under Hindu Marriage Act requires grave and weighty conduct
- mere quarrels and suspicion insufficient
- burden of proof on petitioner
- corroboration essential
