Divorce -- Cruelty -- Petition by Husband -- Arbitrary and concocted grounds -- Divorce petition rightly dismissed
(i) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Cruelty -- Petition by Husband -- Arbitrary and Concocted Grounds -- Where there is no evidence to establish that the husband faced mental cruelty on account of his being bald, having dark complexion, or suffering from lameness, such grounds appear arbitrary and concocted -- Where the wife has consistently demonstrated readiness to resume matrimonial life and sought restitution of conjugal rights, the husband's unfounded apprehension of being implicated in a criminal case has no basis in fact -- The husband's prayer for custody of his daughter is equally not bona fide where he made no efforts to meet her either before or after filing the divorce petition. (ii) Hindu Marriage Act, 1955, S.13(1)(ib) -- Divorce -- Desertion -- Petition by Husband -- The ground of desertion is not available where the period of separation is less than two years as required under the Act -- Where the husband himself is at fault for refusing to allow resumption of the marriage and for leaving his wife and daughter dependent upon her parents, the ground of desertion is not established.
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