Divorce -- Cruelty -- Wife's Wish that Husband Live as Gharjamai -- Not cruelty
(i) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Cruelty -- Wife's Wish that Husband Live as Gharjamai -- Wish of a spouse that the other live at the parental home of the wish-holder remains a request within the choice of the other spouse -- Absent compulsion or force, such wish does not amount to cruelty -- Divorce cannot be granted on this ground alone. (ii) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Cruelty -- Frequent Visits by Wife to Parental Home -- Visit to parental home is a right of a bride -- Such visits, without more, do not constitute cruelty -- Marriage cannot be dissolved on this ground. (iii) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Cruelty -- Standard of Proof -- Conduct alleged must be grave and weighty, and more serious than ordinary wear and tear of married life -- Conduct must create reasonable apprehension that living with the other spouse is harmful or injurious -- Trivialities and temperamental incompatibility do not amount to cruelty.
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