2015 (1) AKR 78

Karnataka High Court

Hon'ble Judge(s): N. Kumar, B. S. Indrakala , JJ

( A ) Hindu Marriage Act (25 of 1955) S. 13 (ia)— Divorce — Ground, cruelty by wife — Husband alleging that wife used to abuse him and his father with filthy language in public — Wife insisted husband to desert his parents and also she never cared for her husband or newly born baby — No evidence produced to show that wife abusing her husband in filthy language — However, evidence showing that after marriage they lived happily, child was born and thereafter made separate house — Further evidence showing that day on which parties got married, sister of husband and brother of wife also got married on very same day and same was arranged marriage — Present litigation appeared to be spill over of litigation between sister of husband and brother of wife which resulted into decree of divorce — No case of cruelty proved by husband against wife — Husband not entitled to decree of divorce. (Paras56)