after the solemnisation of the marriage, treated the petitioner with cruelty; or (ib) has deserted the petitioner for a continuous period of not less than
Constitution of India
India
Constitution of India
CONTITUENTASSEMBLY 00 of 1950
Published in Gazette 00
filed a counter-claim
seeking dissolution of marriage on the ground of cruelty and desertion
under Section ... High Court where he is working, the respondent-wife caused mental
cruelty to the appellant-husband and that reunion was not possible. The
Family Court
justification. Her unilateral decision not to
have any child also caused mental cruelty on the
appellant. The appellant was not permitted to even show ... suit maintainable?
2. Is the respondent guilty of cruelty as alleged?
3. Is the petitioner entitled to decree of divorce as
claimed?
4. To what
presentation of the petition; or (x) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner
ground of unsoundness of mind and judicial separation on the ground of cruelty.
2. The spouses possess high academic qualifications and each one claims ... appellant had deserted her, that he had treated her with extreme cruelty and asking that the Government should make separate provision for her maintenance
acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and (bb) when
following
issues :-
"1. Whether the respondent treated the
plaintiff with cruelty by registering
various criminal cases, getting the news
published and initiating civil
proceedings ... Whether the defendant treated the
plaintiff with cruelty by her objectionable
behaviour as stated in the plaint?
3. Whether respondent has made false
allegation against
amended his petition; he alleged a new
ground for divorce viz., mental cruelty. According to him,
the allegations made in the written statement ... constitute cruelty which entitle him straight away to a
divorce without going into the original allegation of
adultery. He is also relying upon certain questions
BENCH:
R.P. Sethi & Y.K. Sabharwal
JUDGMENT:
SETHI,J.
Alleging cruelty and desertion against the husband, the appellant-
wife approached the Matrimonial Court ... appellant-wife
herself was a defaulting party and neither the allegations of cruelty
nor of desertion were proved. The order passed under Section