HMA S. 13 – Wife living separately for last 10 years, not ready for mutual divorce – This behaviour in a dead marriage or irretrievable broken down marriage, can be considered as an act of mental cruelty – Divorce granted. 2022 PLRonline 8054

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Hindu Marriage Act, 1955 (25 of 1955) Section 13 – Application filed by husband for divorce – Dismissed – Learned Counsel for the respondent-wife made a statement was not ready for mutual divorce – Husband has failed to prove on record with respect to cruelty committed by wife, however, the question for consideration would be that whether if the wife who is staying away from her husband for the last 10 years, is still not ready to give mutual divorce, then this behaviour in dead marriage or irretrievable broken down marriage, can be considered as act of mental cruelty towards husband – If the appeal filed by the appellant-husband is dismissed, he will face mental agony with his son, who is ill and requires repeated check ups and treatments from various hospitals – Divorce granted – Now the parents can plan shared parenting so both the children can meet with each other being real brothers and interact with each other.