Tuesday, August 3, 2021

Army Officer-husband's career and reputation suffered due to wife's defamatory complaints to husband's superiors, and to State Women Commission etc - Husband entitled to divorce.

Supreme Court Of India
Divorce - Mental cruelty - Degree of tolerance will vary from one couple to another Court to bear in mind background, education and status of the parties - Army Officer-husband's career and reputation suffered due to wife's defamatory complaints to husband's superiors, and to State Women Commission etc - Husband entitled to divorce.

Therefore, we are of the considered opinion that the High Court was in error in describing the broken
relationship as normal wear and tear of middle class married life. It is a definite case of cruelty inflicted by the respondent against the appellant and
as such enough justification is found to set aside the impugned judgment of the High Court and to restore the order passed by the Family Court. The appellant is accordingly held entitled to dissolution of his marriage and consequently the respondent’s
application for restitution of conjugal rights stands dismissed. It is ordered accordingly.
 With the above order, the appeals stand disposed of leaving the parties to bear their own cost.

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