Divorce -- Cruelty -- False and Exaggerated Allegations -- Unsubstantiated accusations raised only after matrimonial litigation commences may themselves constitute mental cruelty
(i) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Cruelty -- False and Exaggerated Allegations -- Unsubstantiated, belated, or exaggerated accusations, particularly when raised for the first time only after matrimonial litigation has commenced, may themselves amount to mental cruelty. (ii) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Cruelty -- Verbal Abuse and Threats of Self-Harm -- Where a wife repeatedly directs verbal insults at her husband and his disabled mother, persistently threatens self-harm, refuses to cohabit, and deserts the husband without reasonable cause, such conduct cumulatively satisfies the legal test of mental cruelty. (iii) Hindu Marriage Act, 1955, Ss.13 and 23(1)(a) -- Divorce -- Suppression of Material Facts -- Withdrawal of Witness -- Withdrawal of the husband's father as a witness does not by itself amount to suppression of material facts, nor does it constitute a wrong within the meaning of S.23(1)(a) of the Act. (iv) Hindu Marriage Act, 1955, S.13 -- Divorce -- Irretrievable Breakdown of Marriage -- Where parties have been living separately since January 2020 and no child has been born out of the wedlock, the marital bond stands eroded beyond repair -- Compelling such parties to remain in the union would only perpetuate mutual bitterness and mental agony.
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