Matrimonial Law -- Prolonged Separation Without Reconciliation -- Amounts to mental cruelty under Hindu Marriage Act, 1955, S.13(1)(ia)
(i) Hindu Marriage Act, 1955, S.13(1)(ia) -- Matrimonial Law -- Prolonged Separation Without Reconciliation -- Prolonged separation, complete cessation of cohabitation, absence of any effort at reconciliation, and emotional alienation together constitute mental cruelty. An appellate court may take into account events occurring during the pendency of proceedings, including continued separation, to confirm a ground already pleaded. A party need not specifically plead desertion where the overall conduct of the parties demonstrates mutual abandonment of the matrimonial framework. (ii) Hindu Marriage Act, 1955, S.13(1)(ia) -- Matrimonial Law -- Denial of Conjugal Rights -- Persistent refusal of sexual intercourse without reasonable cause amounts to mental cruelty and is a valid ground for divorce. Withholding sexual intimacy inflicts emotional distress and undermines the foundation of marriage. (iii) Constitution of India, Art.142 -- Matrimonial Law -- Irretrievable Breakdown of Marriage -- Where a marriage has become completely unworkable and beyond repair, dissolution under Article 142 is a lawful exercise of jurisdiction to do complete justice — not an invocation of extraordinary constitutional power. Prolonging a dead marriage causes psychological and social harm to both parties.
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