2010 SCCL.COM 88(Case No: Civil Appeal No. 5387 of 2007)
Manisha Tyagi Appellant versus Deepak Kumar Respondent
Date of Decision(mm/dd/yy): 2/10/2010.
Judge(s): Hon'ble Mr. Justice V.S. Sirpurkar and Hon'ble Mr. Justice Surinder Singh Nijjar.
Subject Index: Hindu Marriage Act, 1955 — Section 13 — divorce petition — filed by the husband/respondent for dissolution of the marriage on the ground of cruelty — trial Court held that the husband remained unsuccessful in proving the wife to have treated him with cruelty of the nature as to entitle him to a decree of divorce — learned Single Judge affirmed the observations of the trial Court and concluded that both the parties were at fault, thus, granted the alternative relief to the husband by passing a decree for judicial separation under Section 10 of the Hindu Marriage Act — on re-evaluating the evidences, the Division Bench set aside the judgement of the trial Court and of the Ld. Single Judge and granted a decree of divorce to the husband — appeal — held that the Trial Court as well as the Appellate Court concluded that the behaviour of the husband as well as the wife falls short of the standard required to establish mental cruelty in terms of Section 13(1) (i-a), therefore, no compelling necessity, independently placed before the Division Bench to justify reversal, of the decree of judicial separation — impugned order of the Division Bench set aside while restored the order passed by the learned Single Judge — appeal allowed — no costs.
