DELHI HIGH COURT C DIVISION BENCH 1: Read Judgement
MS v/s SD D/d 23/04/2019 # MAT. APP (F.C.) 213 of 2017
- Hindu Marriage Rules, 1979, Rule 7 – Cruelty -Allegations of — Appellant has failed to provide necessary particulars, i.e., specific incidents, dates or particulars of cruelty, harshness or unusual temperament – Mere sweeping allegations are made in the pleadings and in the affidavit leading evidence – Deposition also seems unbelievable – It is well settled that a party can lead evidence only with regard to allegations of fact clearly set out in the pleadings — In the absence of any cogent and independent evidence the appellant has not been able to make out his case that the respondent had treated him with cruelty. (Para 18)
- Hindu Marriage Act, 1955 Section 13(i-a) – Divorce -Mental Cruelty – Criminal proceeding against husband who is working in Air Force resulting in the appellant undergoing judicial custody – Lowered down his reputation in the eyes of the Air Force authorities – It affected his peace of mind and caused mental agony to a large extent — Both parties are living separately for 15 years — In such a case, it could well be concluded that the matrimonial bond was beyond repair and the marriage became a fiction, though supported by a legal tie — Thus, action of wife in filing criminal complaint, resulting in husband undergoing judicial custody has caused mental cruelty to him and in itself is a sufficient reason to dissolve marriage between parties on ground of cruelty. (Paras 24,26,27)
