ANOOP BENIWAL Vs. JAGBIR

JUDGEMENT

(1.) From the papers filed by plaintiff in this case, it is apparent that after the petition was filed, the matter was actually set down as a contested matter for trial. The husband gave evidence in support of his petition, which evidence was recorded by Mr, Justice Sheldon, and he preferred the evidence of husband to evidence tendered by the wife, the plaintiff herein, and he found, "I am satisfied that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with her. There is no doubt that the marriage has broken down, and the husband is entitled to decree nisi". The case before Mr. Justice Sheldon was, therefore, tried, and the judgment given, a decree nisi passed, which was made decree absolute, and was given on the merits of the case.

(2.) Section 1 of Matrimonial Causes Act, 1973, is;

(3.) Under the provisions of S. 13(l)(ia) of the Hindu Marriage Act, a party to a marriage is entitled to a decree of divorce on the ground that the other party after solemnization of the marriage, has treated the petitioner with cruelty. This provision covers the same g''ound, as is covered by the provisions of section l (l) (2)(b) of the Matrimonial Causes Act, 1973. The Matrimonial Causes Act having taken away the accusatory nature of the assertion, which is required to be made under the Hindu Marriage Act. It is, therefore not possible to say that the Court in England has refused to recognise the law of India.