Divorce-- Cruelty--Unsubstantiated Allegations of Adultery Against Spouse Constitute Cruelty Under Section 13 HMA -- Divorce Petition Dismissed
Levelling unproven accusations of adultery against a wife constitutes cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and negates the husband's claim of desertion. Serious charges affecting a spouse's character cannot be decided on mere preponderance of probability and require direct evidence to substantiate. Where a wife is compelled to leave the matrimonial home due to constant dowry demands and harassment, and unsubstantiated allegations of adultery are levelled, she has reasonable cause to live separately.
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