AIR 2019 (NOC) 720 (ALL.) ::2019 (3) ALJ 250 ::2019 (4) ADJ 70 NOC ::(2019) 134 All LR 136 ::(2019) 3 All WC 2420 ::(2019) 3 DMC 759

Allahabad High Court

Hon'ble Judge(s): Shashi Kant Gupta, Pradeep Kumar Srivastava , JJ

(A) Hindu Marriage Act (25 of 1955) S. 13 (ia)— Divorce — Petition by husband — Ground of adultery by wife — Allegation by husband that wife had illicit relations with her brother-in-law — Wife— s visit to her sister— s place for at least 8 time in 4 to 5 months when she is away from her native place is natural phenomenon — Plea of adultery cannot be established merely on suspicion. (Para 12,13)

(B) Hindu Marriage Act (25 of 1955) S. 13 (ia), 14 — Allahabad High Court Hindu Marriage and Divorce Rules (1956) R. 6 — Divorce — Petition by husband — Ground of adultery by wife — Allegation by husband that wife had illicit relation with her brother-in-law (adulterer) — R. 6 provides that in case of divorce petition adulterer be made party — Adulterer neither made party in petition nor any exemptions has been taken — Plea of adultery, not established. (Para 13,14)

(C) Hindu Marriage Act (25 of 1955) S. 13 (ia)— Divorce — Petition by husband — Ground of cruelty by wife — Neither specific incident of cruelty alleged by husband nor he examined any witnesses to support allegation of cruelty — Physical cruelty also not been proved against wife — Concept of cruelty cannot be defined on basis of over suspicious and sensitive temperament of an individual — Ground of cruelty, not established. (Para 15,16,17,18,19)