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Divorce petition by wife - Refusal of -

>Wife has utterly failed to prove any ground to seek divorce. There is no reliable evidence of record to prove that the conduct/ behaviour of the husband has become intolerable for the wife or she was continuously tortured, maltreated or beaten by the husband.

No doubt, husband has no right to treat his wife with cruelty, but at the same time wife is also required to be tolerant, passive and of adjustable nature. The court can not Blink at her act of total indolence and petulance. Therefore, the appellant is not entitled to divorce.

In this case ,the appellant Court below recorded a finding that the allegation of unchastely made by the husband - respondent against the appellant was false. So also it found that the allegation of the appellant against the husband - respondent that the latter was living in adultery was also false. In the case only ground which was urged was that the appellant had been falsely accused of being unchaste and that his accusation amounted to cruelty.

The appellant had therefore, to establish that his false accusation of unchastity had caused a reasonable apprehension in her mind that it would be harmful or injurious for her to live with the respondent . She has failed to establish this fact. The Appellant Court below was , therefore, correct in not granting a decree of Divorce to her.

Badri Prasad vs Smt Urmila Mahobiya, AIR 2001, MP 106 at pp 107,108

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