Divorce -- Cruelty -- Remarks on Complexion and Build of Spouse -- Not sufficient ground for divorce
(i) Hindu Marriage Act, 1955, S.13 -- Divorce -- Cruelty -- Remarks on Complexion and Build of Spouse -- Derogatory remarks on skin colour or body shape do not, by themselves, amount to mental cruelty -- Such remarks cannot be made the basis of a decree of divorce. (ii) Hindu Marriage Act, 1955, S.13 -- Divorce -- Cruelty -- Unproved Allegations -- Cruelty must be shown by specific and cogent evidence -- Number of allegations cannot take the place of proof -- No uniform standard exists for mental cruelty, and instances of behaviour are illustrative, not exhaustive. (iii) Hindu Marriage Act, 1955, S.13 -- Divorce -- Desertion -- Wife Living Apart at Parental Home -- Party alleging desertion must prove that the other spouse lives apart without reasonable cause and with intention to abandon the marriage -- Absence of effort by the petitioner to bring the spouse back weighs against the claim.
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