Divorce -- Unsubstantiated Complaints to Military Superiors -- Allegations of infidelity made to husband's employer without proof amount to mental cruelty
(i) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Unsubstantiated Complaints to Military Superiors -- Complaints of infidelity made by a wife to the husband's superiors without credible evidence, undermining his dignity and reputation before his colleagues, amount to mental cruelty. Such conduct cannot be condoned merely because it was intended to protect the matrimonial tie, and continuing disputes over the same allegations after reconciliation negate any plea of condonation. (ii) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Removal of Thali -- Removal of the Thali by a wife, being a sacred symbol of continuance of marriage, reflects mental cruelty of the highest order, as it causes agony and hurts the sentiments of the husband. (iii) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Prolonged Separation -- A High Court has no power to dissolve a marriage solely on the ground of irretrievable breakdown, but prolonged separation with complete absence of cohabitation and attempts at reunion can be read as a component of mental cruelty.
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