X Vs. Y

JUDGEMENT

(1.) The appellant - husband has preferred Family Court Appeal No. 48 of 2006 against the judgment and order of the IInd Family Court at Bandra, which allowed the respondent - wife's petition for divorce (Petition No. A-436/1999) on the ground of cruelty and dissolved the marriage between the parties. The learned trial Court had consequently dismissed the petition filed by the appellant, after the petition for divorce was instituted against him, for restitution of conjugal rights (Petition No. A-624/1999). The learned counsel for the appellant has stated before us that he is not pressing the appeal against the dismissal of the said petition, viz., Family Court Appeal No. 49 of 2006, for restitution of conjugal rights. Accordingly, Family Court Appeal No. 49 of 2006 stands disposed of as not pressed.

(2.) The parties were married on 17-4-1998 in Mumbai. They cohabited for a period of 45 days. Apparently, the respondent left the appellant's company on 3-6-1998, due to the cruel treatment he meted out to her, and the parties have not cohabited ever since. With a view to see if a settlement or reconciliation was possible, at this stage, we interviewed the parties in chamber and found that no reconciliation is possible between them.

(3.) In deciding whether there is any merit in the appeal of the appellant -husband against the order of divorce granted against him on the ground of cruelty under section 13(1) (ia) of the Hindu Marriage Act, it is to be examined whether the behaviour of the appellant towards the respondent falls within the legal conception of cruelty. As defined by the Hon'ble Apex Court in Dastane vs. Dastane, 1975 2 SCC 326 and reiterated in several decisions thereafter :