The Jharkhand High Court has upheld the dismissal of a husband’s divorce petition, holding that a wife’s mere wish that her husband live as a ‘gharjamai’ at her parents’ home, without any compulsion, does not amount to cruelty under Section 13(1)(ia) of the Hindu Marriage Act. The Court also held that a wife’s frequent visits to her parental home cannot be termed cruelty, and that the husband had led no evidence to substantiate his allegations.
The Bombay High Court ruled that a spouse alleging mental cruelty need not justify or explain the reasons behind such conduct. It held that requiring justification contradicts settled legal principles under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
