AIR 1914 LOWER BURMA 257(2)

Lower Burma High Court

Hon'ble Judge(s): Parlett , J

Buddhist Law (Burmese) - Divorce - Mere caprice not ground for quarrels - Petty quarrels should not be magnified into cruelty. A divorce cannot be granted on mere caprice, and petty quarrels must not be magnified into acts of cruelty and ill-treatment of a nature sufficiently grave to justify divorce. The parties had both been married before, the defendant being 53 and the plaintiff 40 years of age, the latter having a family by her former marriage. They lived together for two years, perhaps not as amicably as might be. On 28th October 1911 the appellant missed rice, plantains and cocoanuts and accused his wife of taking them to give to her children and told her to go away from his house. She did so and went to her parents' house. She then attempted to get a divorce before the headman without success and on 11th November 1911, the 14th day after the quarrel, she filed a suit. A decree as if by mutual consent was given for divorce and confirmed on appeal. Second appeal was lodged. Held: that the facts stated above did not constitute such cruelty as entitled the plaintiff to a divorce, even as by mutual consent, and that the matter was a petty quarrel such as a Court should not treat as sufficient ground for a divorce on any terms: .....