NAUSHAD HUSSAIN Vs. RAZIA

JUDGEMENT

(1.) A wife though in one of the rare case is an applicant plaintiff who seeks for a decree of dissolution of marriage, for the reasons, that in the society, as normally found in India irrespective of castes and creed barring few examples, normally, the females are considered to be a docile, humanistic and have too perseverance, as member of the wider population of this Country. It is when the wife becomes a petitioner or plaintiff seeking a dissolution of marriage, it always attaches a seriousness to the allegation of cruelty, and if at all not seriousness than atleast some genuineness because by applying for a decree of divorce, a lady herself would be attracting social repercussions.

(2.) This is what has happened in the instant case. Both the parties to the matrimony had lead themselves under such a precarious situation of their life, where though they were gradually gathering age and with the said passage of time, they too were withering of their youth-hood and they were approaching to an age where a partner to understand one another, a partner to exchange the feelings becomes imminent and unavoidable.

(3.) Keeping this in mind, both the appellant as well as the respondent thought of that by entering into the matrimony with one another, they would be resolving major crisis of their life which has chanced because of untoward incidents which has happened with them earlier.