AIR 2003 PUNJAB AND HARYANA 334 ::(2003) 2 MarriLJ 284 ::(2003) 1 HinduLR 514 ::(2003) 5 AllIndCas 947 (P&H) ::2003 (2) CivilCourtC 70 ::(2003) 2 RecCivR 488 ::2004 (1) DMC 347 ::(2003) MatLR 399 ::2003 (1) Pun LR 707 ::2003 (5) AllIndCas 947

Punjab And Haryana High Court

Hon'ble Judge(s): Satish Kumar Mittal , J

(A) Hindu Marriage Act (25 of 1955) , S.13(1)(ia)— Cruelty - What amounts to - Petition for divorce filed by husband - Wife in written statement alleged that her husband has illicit relation with widow of his cousin and her father-in-law has raped her and has evil eye on her, making it impossible for her to live in matrimonial home - Plea raised by husband that these allegations are against their character and amount to cruelty by wife - Finding by trial Court that allegations made by wife are not scandalous rather they are substantiated by cogent evidence - Husband cannot be permitted to take benefit of own wrong - Dismissal of divorce petition - Proper. (Para 7) (B) Hindu Marriage Act (25 of 1955) , S.13(1)(ia)— Hindu Marriage (Punjab) Rules (1956) , R.10— Non-joinder of necessary party - Petition for divorce filed by husband on ground of adultery - Alleged adulterer neither named nor impleaded as respondent in petition - Petition, not maintainable. (Para 8) .....