AIR 2003 DELHI 175 ::(2003) 2 MarriLJ 380 ::(2003) 2 IndLD 142 ::(2002) 100 DLT 682 ::(2002) 65 DRJ 536 ::(2003) MatLR 234 ::2003 (1) DMC 139 ::(2003) 3 AllIndCas 384 (DEL) ::2003 (3) AllIndCas 384

Delhi High Court

Hon'ble Judge(s): J. D. Kapoor , J

(A) Hindu Marriage Act (25 of 1955) , S.11— Judicial separation and maintenance - Suit for - Husband and wife both highly educated - Husband working in USA -Demanded more dowry - Subjected wife with mental cruelty of extreme nature due to his orthodoxy and suspiciousness - Allegations made by him that wife was talking, mixing with strangers, friends in that country - Not sufficient to say that wife was living unchaste life - Wife had to flee from USA within two months after going there because of circumstances created by husband - Husband, held, also guilty of desertion, constructive desertion - Wife, thus, would @page-Del176be entitled to decree for judicial seperat-ion and maintenance. Hindu Adoptions and Maintenance Act (78 of 1956) , S.18— In the instant case the parties to the marriage are Hindus and are highly educated. The husband is a Domicile and citizen of India but was a NRI at the time of marriage and was residing in USA. Even during the honeymoon, the plaintiff wife was treated with extreme cruelty by the defendant husband. On reaching to USA the defendant treated the plaintiff like a slave. She was virtually confined to the house. She was not given any money at all. She was not even allowed to telephone her family except in the presence of the defendant. The plaintiff continued to be harassed, beaten, shouted at and physically an....