STANLY HEDGER Vs. FLORENCE

JUDGEMENT

(1.) Husband in a matrimonial dispute is in appeal against decree of dissolution of marriage ordered under Section 10(1)(x) of the Divorce Act, 1869. The respondent wife filed a petition for dissolution of the marriage, inter aha pleading cruelty from the side of the husband. The court below found that sufficient evidence has been adduced to substantiate the ground of cruelty. The judgment is assailed mainly on the ground that mere is total lack of pleadings with respect to the allegation of cruelty. It is contended that the court below went highly erred in relying on averments contained in the proof affidavit of the respondent, which contained versions which are not pleaded in the petition for divorce. Hence, the findings rendered based on evidence adduced in the form of proof affidavit, need be eschewed, is the contention.

(2.) Heard counsel on both sides. We perused the petition filed before the court below. Paragraph (7) and (8) of the petition read as follows:

(3.) Learned counsel for the appellant pointed out that there is only a vague allegation of an attempt to commit suicide. No specific date or instance is mentioned. Lack of pleadings and evidence on any specific instances will go deep into the veracity of the allegations, is the contention. Further, it is contended that such vague allegations, without pointing out any specific instances, is insufficient to arrive at any conclusion regarding the Factum of cruelty.