J.L. NANDA Vs. VEENA NANDA

JUDGEMENT

(1.) This is a sad and unfortunate case. On the one hand we find a marriage which has really not worked out leading the appellant to seek divorce on the ground of cruelty by the wife, while on the other we have to keep in mind the warnings given, time and again, by learned Judges not to be carried off by emotion. We are reminded of the observations of Denning, L.J. as he then was in Kaslefsky Vs. Kaslefsky (1950)2 ALL. E.R. 398. that, " if the door of cruelty were opened too wide, we should soon find ourselves granting divorce for incompatibility of temperament. This is an easy path to tread, especially in undefended cases. The temptation must be resisted lest we slip into a state of affairs where the institution of marriage itself is imperiled." These weighty observations have been noticed with approval by the Supreme Court in the case of Dastane Vs. Dastane, AIR 1975 SC 1534 . The appellant has bitterly complained of a broken marriage on account of cruelty of the respondent. He has also pleaded desertion but the emphasis has been on alleged cruelty.

(2.) Sec. 13(1) (ia) and (ib) of the Hindu Marriage Act, 1955 read as under:-

(3.) The appellant and respondent were married at Delhi according to Hindu rites on Feb. 7, 1961. It seems that there was disagreement and disharmony from the very beginning. A male child was born out of the wedlock on Aug. 30, 1964. The parties by and large lived together till Feb., 1971. They have lived separately ever since except for a short duration in the middle of 1975 when they were again together.