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1 - 2 of 2 (0.70 seconds)Sujata Uday Patil vs Uday Madhukar Patil on 13 December, 2006
The appellant-wife who is the mother of
two minor children would not have left her matrimonial
home until there was some circumstances beyond her
control as the love for the children by a mother is natural
and it was only in extreme case that a mother would desert
her children without any valid reason or cause. The learned
District Judge, Faridkot, in our view, was in error in not
taking into consideration the fact that the parties had not
resided together since June, 2007 and efforts for re-
conciliation had failed at all points and the marriage had
become a deadwood and irretrievably broken down.
Accordingly, a pragmatic approach should have been taken
and the marriage should have been dissolved especially
keeping in view the fact that there was no evidence contrary
by the respondent-husband to discredit the statement of
other witnesses in respect of the allegations of cruelty. The
Hon'ble Supreme Court in Sujata Uday Patil Vs. Uday
Madhukar Patil 2007(3) PLR 521 has held that liberal
approach has to be taken in dealing with Section 13 of the
Act and that the degree of cruelty has to be inferred from
the facts and circumstances of the each case and where
there is proof of a deliberate course of conduct on the part
of one spouse, intending to hurt and humiliate the other
spouse, and such a conduct is persisted, cruelty can easily
be inferred. In para 10 of the judgment, the following has
FAO No.M-109 of 2010 8
been laid down by the Hon'ble Supreme Court :-
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