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
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
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
Leave granted.
What is the meaning and import of the
expression 'cruelty' as a matrimonial offence is the core
question on the determination ... August, 1996 seeking dissolution of the
marriage on the grounds of cruelty and desertion.
The appellant refuted the allegations made in the
petition. She denied
behaviour
of the respondent-wife obnoxious, humiliating and amounting to mental
cruelty, a notice was given by the appellant-husband on 5.3.1997
seeking divorce ... indicted in
the notice that the respondent had treated appellant with cruelty and
her conduct amounted to desertion for two years and was, therefore,
neither
Section 10(1)(b) and
23(1)(a)(b) --Meaning of cruelty--Burden of proof in
matrimonial matters--Whether beyond reasonable doubt--
Condonation--of cruelty ... Whether sexual intercourse amounts
to condonation--Whether condonation is conditional--Revival
of cruelty.
Code of Civil Procedure --Section 100 and 103--Powers of High
Court
fact, the manner in
which he had been treated clearly exhibited mental cruelty and,
therefore, the said relief should not be granted. It was averred ... record, came to hold that the wife
had treated the husband with cruelty; that she had not taken any steps
for re-union
