Divorce -- Refusal to Resume Cohabitation and Exorbitant Monetary Demand -- Amounts to mental cruelty
(i) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Refusal to Resume Cohabitation and Exorbitant Monetary Demand -- Amounts to mental cruelty where a spouse persistently refuses to resume cohabitation despite repeated requests, deprives the other spouse of matrimonial companionship and consortium, and demands an exorbitant lump-sum amount as a condition for consenting to divorce. Failure of mediation on account of such a demand reinforces the finding of cruelty. (ii) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Prolonged Separation with No Possibility of Reconciliation -- Prolonged separation of parties, coupled with multiple pending litigations between them and failed mediation, supports the conclusion that continuance of the marriage would serve no meaningful purpose and would only perpetuate mental agony of both parties.
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