Divorce -- Cruelty -- Physical Assault Within Matrimonial Home -- Absence of immediate medical examination not a fatal defect—Testimony of wife is sufficient
(i) Hindu Marriage Act, 1955, S.13(1)(ib) -- Divorce -- Desertion Alleged on Wife’s Departure at Husband’s Request -- Desertion requires continuance for not less than two years immediately preceding presentation of the petition -- Where the wife leaves the matrimonial home at the husband’s own request and the petition is presented within days thereafter, the statutory period is not satisfied and the ground of desertion is not available. (ii) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Cruelty -- Physical Assault Within Matrimonial Home -- Where physical assault occurs within the matrimonial home, independent evidence may not ordinarily be available, and the testimony of the spouse subjected to the conduct may be the principal evidence -- Absence of immediate medical examination does not detract from such testimony, since a spouse may refrain from seeking it to spare the family public embarrassment. (iii) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Pendency of Dowry Proceedings -- Mere institution or pendency of criminal proceedings cannot, without more, be treated as proof of their falsity or as a circumstance constituting matrimonial cruelty. (iv) Hindu Marriage Act, 1955, S.13 -- Divorce -- Irretrievable Breakdown of Marriage -- Irretrievable breakdown of marriage is not a recognised ground for divorce under this section -- Supreme Court decisions granting divorce on this ground are rendered under Article 142 of the Constitution, which is not a law-declaring provision and does not operate as binding precedent -- Power under Article 142 is available neither to the trial court nor to the court in first appeal. (v) Hindu Marriage Act, 1955, S.25 -- Permanent Alimony -- Oral Prayer Without Written Application -- Claim for permanent alimony must ordinarily be made in writing, either by separate application or by demand carried in the written statement -- Oral prayer can be entertained only in the exceptional case where the court is not required to decide entitlement or quantum -- Written application is necessary to enable determination of quantum, having regard to income, expenditure, liabilities and means of parties, and to allow both sides to lead evidence.
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