Hindu Marriage Act, 1955 — Sections 13(1)(ia) & (ib) — Divorce — Where wife habitually quarrelled on trivial issues, used abusive language towards husband and his parents, prior undertaking given to maintain cordial conduct, and children refused to reside with her, such conduct amounts to mental cruelty and desertion — Concurrent findings of Courts below based on evidence — No perversity shown — No interference warranted — Long separation further indicates breakdown of marriage — Divorce affirmed with modification of maintenance. (Paras 5 to 11)

advocatemmmohan

APEX COURT HELD THAT 

 Hindu Marriage Act, 1955 — Sections 13(1)(ia) & (ib) — Divorce — Where wife habitually quarrelled on trivial issues, used abusive language towards husband and his parents, prior undertaking given to maintain cordial conduct, and children refused to reside with her, such conduct amounts to mental cruelty and desertion — Concurrent findings of Courts below based on evidence — No perversity shown — No interference warranted — Long separation further indicates breakdown of marriage — Divorce affirmed with modification of maintenance.

(Paras 5 to 11)