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Supreme Court Of India

(From : 2013 (3) ADR 146)

Hon'ble Judge(s): R. K. Agrawal, Abhay Manohar Sapre , JJ

(A) Hindu Marriage Act (25 of 1955) , S.13(1)(ia)— Divorce - Cruelty - Few isolated incidents of long past and that too condoned due to compromising behaviour of parties - Not amounts to cruelty. A petition seeking divorce on some isolated incidents alleged to have occurred 8-10 years prior to filing of date of petition cannot furnish a subsisting cause of action to seek divorce after 10 years or so of occurrence of such incidents. The incidents alleged should be of recurring nature or continuing one and they should be in near proximity with filing of petition. Few isolated incidents of long past and that too found to have been condoned due to compromising behavior of parties cannot constitute an act of cruelty within meaning of S. 13 (1)(ia)of Act.(Para 28 29) (B) Hindu Marriage Act (25 of 1955) , S.13(1)(ia)— Divorce - Cruelty - Stray allegations made by wife in her pleading/evidence - Not relevant since it were not pleaded in petition by husband for seeking a decree of divorce nor were put in issue - Husband failed to make out any case of cruelty against wife - Not entitled to decree for dissolution of marriage. F.A.O. Nos. 108 and 109 of 2013, D/- 23-5-2013 (Delhi), Reversed. (Para 30 35) ....