left the house

DENYING DIVORCE ON      CRUELTY GROUND

Indian Penal Code, 1860, Section 500 - Hindu Marriage Act, 1955, Section 13 (1) (ia) - Order denying the divorce on the ground of cruelty - Indeed the appellant who got involved with Ms. B.S. since 1994 and left the house in August, 1994 was the one who had committed the cruelty upon the respondent - Respondent wife cannot be penalized for making such allegations and protesting about the relationship which have a strong basis and foundation - She had a justification to complain about the conduct of the appellant and to take any view otherwise would indeed be committing cruelty upon the respondent - Considering the overwhelming evidence revealing the relationship with Ms. B.S., this acquittal subsequent to the divorce itself, cannot be a ground to say in the peculiar facts of this case, that any kind of cruelty had been committed upon him by the respondent. (Delhi)(DB) [DocId#2514563]