MANISH ARORA Vs. NIDHI ARORA

JUDGEMENT

(1.) For the purposes of invoking Section 13 of the Hindu Marriage Act, there are certain pre-conditions which are required to be fulfilled by either of the spouse invoking the jurisdiction under Section 13 of Act. The term and the basis as provided by the legislature under Section 13 for granting the decree of divorce i.e. cruelty, desertion, adultery, physical disability unable to procreate are all the factors which keep on variating in each and every case depending upon the circumstances which govern the interse relationship between husband and wife.

(2.) Apart from it, since under the Hindu mythology a relationship of husband and wife is taken as to be a pious sacrament it basically intends to postulate that the relationship should not be severed on minor trifle issues which has been element of an amicable settlement to sustain matrimony. Even the pronouncement lay down that the severment of relationship could only be when there is a complete breakdown of the matrimonial relationship and living together would not be safe, and it has become impossible for either of them to live together or living together as husband and wife becomes dangerous to their life and liberty and it is then only the matrimony could be dissolved, yet the basis for dissolution of marriage on the basis of cruelty the either party who desires dissolution.

(3.) Meaning thereby in every case, a person who brings a cause on the ground of cruelty or any of the grounds contemplated under Section 13 of the Act has to discharge his responsibilities to establish beyond doubt by providing evidence in that regard to show the strained relation that there exists the cruelty alleged to grant a decree of divorce as it could not be granted on a trifle issues which are fictitious or created for the purposes of decree.