Saturday, May 14, 2022

Hindu Marriage Act - Definition of 'cruelty' does not include petty disputes and differences which are part and parcel of normal married life- Kolkata High Court

Hindu Marriage Act, 1955 Section 13(i)(a) Divorce - Cruelty - Plea of husband that he was subjected to physical and mental cruelty by wife who refused to cooperate with him in his conjugal life and was unwilling to live in her matrimonial home - Allegation of cruelty not substantiated by cogent evidence and even if it is held that there were certain differences between couple, definition of cruelty cannot be stretched to such extent as to include such petty disputes and differences which are part and parcel of normal married life - While trying to make out a case of cruelty against wife, husband has exposed his cruel and impolite attitude towards his wife which seriously affects dignity and honour of woman - Husband not entitled for divorce.

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