Divorce -- Unfounded Accusations of Dowry Harassment and Second Marriage -- Amounts to cruelty against husband
(i) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Unfounded Accusations of Dowry Harassment and Second Marriage -- Accusations levelled by a wife against the husband alleging dowry harassment and solemnisation of a second marriage, without any factual basis, amount to cruelty against the husband. (ii) Hindu Marriage Act, 1955, S.13(1)(ib) -- Divorce -- Desertion -- Wife Alleging Dowry Harassment and Forcible Eviction -- Where a wife asserts forcible eviction from the matrimonial home and continuous cruelty on account of dowry demands, but no police report or complaint was ever filed regarding such allegations, the allegations are treated as casual and without substance. In such circumstances, the wife is guilty of deserting the husband without reasonable cause. (iii) Hindu Marriage Act, 1955, S.13(1)(ib) -- Divorce -- Desertion -- Egoistic Approach of Wife -- Where a wife leaves the matrimonial home and expects the husband to visit and persuade her to return, without any fault on the part of the husband, such conduct reflects an egoistic approach that cannot be accommodated under the Act. The husband's failure to request her return cannot be attributed as guilty intention on his part.
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