PARAS RAM Vs. KAMLESH

JUDGEMENT

(1.) WOULD a mere allegation of adultery by a spouse against the other made in defence in a written statement, by itself amount to cruelty, within the meaning of Section 13(1)(i -a) of the Hindu Marriage Act is the core question which has necessitated this reference.

(2.) BECAUSE of reasons which appear hereinafter necessitating a remand to the trial Court, it suffices to advert briefly to the facts relevant to the issue aforesaid only. The Appellant -husband had preferred the petition for the dissolution of marriage against his wife under Section 13 of the Hindu Marriage Act inter alia on the ground of cruelty and desertion. The Respondent -wife filed a written statement and subsequently an amendment thereof. Therein whilst denying the factual averments made by the Appellant -husband she herself alleged that he had illicit relations with some women in the village and wanted her to leave him for ever so that he may either carry on such a liaison with them or marry afresh. Equally scurrilous allegation made was that the wife of Sardar Singh, the elder brother of the Appellant -husband having died he himself as also his relations wished her to cohabit with Sardar Singh or get Sardar Singh married by exercising the influence of her father. On the aforesaid pleadings the omnibus issue framed by the trial Court was in the following terms:

(3.) AS before the learned Single Judge so before us, the learned Counsel for the Appellant did not challenge the findings of the trial Court on the facts constituting the pleas of cruelty and desertion already taken in the petition which are accordingly affirmed. For the Contention that the scurrilous allegation of adultery levelled by the Respondent -wife in her statement would, without more amount to legal cruelty and the Appellant was, therefore, entitled to succeed on this ground alone irrespective of his failure to establish the case set up by him, the ratio of Smt. Jiwan Lata's case has inevitably been commended for, acceptance on behalf of the Appellant.