AIR 2008 (NOC) 2090 (BOM.) (GOA BENCH) ::2008 (3) AIR Bom R 808 ::2008 (3) AJHAR (NOC) 928 (BOM.) (GOA BENCH) ::2008 (3) AJHAR (NOC) 928 (BOM) ::2008 (5) AKAR (NOC) 722 (BOM.) (GOA BENCH) ::2008 (5) AKAR (NOC) 722 (BOM) ::2008 A I H C 2727 ::(2009) 2 MarriLJ 220 ::(2009) 1 HinduLR 52 ::(2008) 5 AllMR 113 (BOM) ::(2008) 4 Bom CR 603 ::(2008) 2 DMC 709

Bombay High Court ( Goa Bench )

Hon'ble Judge(s): S. A. Bobde, N. A. Britto , JJ

(A) Law of Divorce (As applicable to Goa) Art. 4 (4) — Divorce — Ill treatment — Wife slapping husband and trying to kick him in presence of neighbours and others — Is not ordinary wear and tear of married life — It would be shameful and humiliating to husband sufficient enough to give cause for divorce — Imputations that husband was living adulterous life while working in Gulf countries were also made in letter sent by advocate of wife — Thereby causing mental cruelty to him — Husband entitled to divorce {" The slapping of the husband and then trying to kick him in the presence of others was no ordinary wear and tear of married life and as the said incident took place in public view including that of husbands labourer, other neighbour and wife’s own sister, it could certainly be said that it was shameful and humiliating to the husband and was sufficient enough to give a cause for divorce. The husband could not be reasonably expected to live with the wife after an incident of this nature. Plea of the wife that a single incident like that, even if true, cannot give a ground for divorce not tenable. A singular instant like this, which certainly is not of trivial nature but shameful and humiliating is sufficient to obtain divorce under the first part of Article 4(4) of the Law of Divorce. Taking note of social status of parties the singular incident which took place in the veranda of the husband in the presence of other can ....