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2010 Supreme(SC) 524

AFTAB ALAM, B.SUDERSHAN REDDY
Neelam Kumar – Appellant
Versus
Dayarani – Respondent


JUDGMENT

Aftab Alam, J. —

1.This appeal, by the husband, is filed against the judgment and order dated September 14, 2005 passed by the Madhya Pradesh High Court (at Jabalpur) in F.A.O. 462 of 2003. By the judgment coming under appeal, the High Court set aside the judgment dated August 23, 2003 passed by the 1st Additional District Judge, Balaghat in HMA Case No.26A/02, allowing the appellant’s petition and granting him the decree of divorce under section 13(1)(ia) of the Hindu Marriage Act, 1956.

2.The marriage between the parties took place on December 7, 1986 and they lived together first at Ankleshwar and later at Vadodara. There is no child from the wedlock.

3.According to the appellant, barely after 8 or 9 months of the marriage, the wife (respondent in this appeal) became quite aggressive and insulting, and started treating him and his family members in a cruel manner. He tried to make adjustments in the hope that she would correct herself but finally, when it became impossible to carry along with her, he filed the petition for dissolution of marriage under section 13(1)(ia) of the Act, on grounds of cruelty. In the application filed by the appellant, it was stated that his wife














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