oppose the relief sought on the ground of petitioner's adultery, cruelty or desertion, but also make a counter-claim for any relief under this ... that ground; and if the petitioner's adultery, cruelty or desertion is proved, the court may give to the respondent any relief under this
such a suit instituted by a husband, of his adultery, cruelty, or desertion or, in case of such a suit instituted by a wife ... ground of her adultery or cruelty or desertion, the Court may in such suit give to the respondent, on his or her application, the same
with desertion, without reasonable excuse, for two years or upwards."
The above provisions make it obligatory to prove adultery alongwith desertion and cruelty ... such cruelty which would justify a decree for separation. It is thus evident that it is not occasional cruelty or desertion for a very short
only oppose the relief sought on the ground of petitioners adultery, cruelty or desertion, but also make a counter-claim for any relief under this ... that ground, and if the petitioners adultery, cruelty or desertion is proved, the Court may give to the respondent any relief under this
with their husbands as wives even though they are subjected to cruelty or desertion. They are, therefore, deprived of their right to life and personal ... coupled with some other lapses on the part of the husband. Desertion, cruelty and the like are grounds for divorce, and not merely judicial separation
desertion, without reasonable excuse, for two years or upwards."
The above provisions make it obligatory to
prove adultery along with desertion and cruelty ... such cruelty which would justify a decree for separation. It is thus evident that it is not occasional cruelty or desertion for a very short
conjugal relationship had caused cruelty, filed an original petition for dissolution of the marriage on the grounds of cruelty and desertion.
5. The appellant / wife ... fact of desertion and submitted that the Family Court had rightly granted divorci on the grounds of desertion and cruelty.
19. Heard both sides
cruelty.
4. Respondent earlier filed counter admitting the marriage and
birth of the children but denying the allegations of cruelty and
desertion alleged ... question of desertion the High Court
held that in order to prove a case of desertion, the party alleging
desertion must not only prove that
respondent
deserted the petitioner. Hence the marriage of the petitioner
with the respondent may be dissolved on the ground of desertion
and cruelty.
THE WIFE ... desert the petitioner and
MFA 78/02 31
that it was the petitioner who was guilty of constructive desertion
and cruelty. Until 16.10.1996 this respondent
filed divorce petition seeking dissolution of marriage on the grounds of cruelty and desertion.
4. The appellant-wife appeared in response to the notice ... objection urging that the petition was liable to be dismissed as cruelty and desertion were not on her part. It is further pleaded that Sections
