HMA S. 13(1)(ia) — Divorce on the ground of cruelty — Non consummation of marriage

hindu marriage act, 1955 Sec. 13(1)(ia) — Divorce on the ground of cruelty — Non consummation of marriage —  Appellant-wife is found to have lodged one fir for the offences under Section 498A and 406 wherein the respondent-husband and his mother and father were arrested and remained in jail –   The appellant-wife in the Court itself exhibited her adamant and callous attitude towards her husband, which leaves no manner of doubt in my mind that the appellant-wife is bent upon treating the respondent-husband with mental cruelty –  It is abundantly clearly that the marriage between the parties had broken down irretrievably and there is no chance of their coming together or living together again – Parties have been admittedly living separately for more than 13 years –  The irresistible conclusion would be that matrimonial bond has been ruptured beyond repair because of the mental cruelty caused by the appellant-wife.

2011 PLRonline 0104