Judgement

R. M. SAHAI, J.:- Should a marriage which is otherwise dead emotionally and practically be continued for name-sake is the issue for consideration in this appeal.

2. Twenty five years have elapsed since the appellant, a sanitary inspector, and the respondent, his wife a teacher, have enjoyed the company of each other as husband and wife. Within these 25 years this is the second round of litigation which routing through the Trial Court and the High Court has reached this Court. The earlier one founded on desertion was decided by this Court against the husband on 23rd April 1980. This appeal is based on cruelty. Both the Courts below have found that even though the wife had cast serious aspersions on the character of the appellant in the written statement filed by her earlier and alleged that he was in the habit of mixing with undesirable girls in the presence of respondent yet since neither any evidence was led nor it was proved consequently it could not be made basis for claiming divorce on cruelty.

3. In V. Bhagat v. D. Bhagat (Mrs.), (1994) 1 SCC 337 : (1994 AIR SCW 45) this Court has explained the concept of cruelty both mental and physical which could entitle an applicant