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2022 Supreme(Kar) 760

S. SUNIL DUTT YADAV, K. S. HEMALEKHA
Shashidhar – Appellant
Versus
Vijayalaxmi – Respondent


Advocates appeared:
Sri. Srinand A. Pachhapure, Advocate, for the Appellant; Sri. S.R. Hegde, Advocate, for the Respondent.

JUDGMENT

1. Quoad hume et quoad hume, these people cannot consummate the marriage quoted by the House of Lords (And Privy Council) in the case of G. -vs- G., [LR 1924 AC 349], holding that two people should not be tied up together for the rest of their life in a state of misery.

2. The present appeal is preferred by the husband assailing the judgment and decree dated 17.07.2015, passed in M.C. No.175/2014, on the file of Principal Judge, Family Court, Dharwad, whereby the petition filed by the husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act for short) seeking decree of divorce on the ground of cruelty came to be dismissed.

3. The husband filed the petition under Section 13(1)(ia) of the Act, seeking decree of divorce on the ground of cruelty. The marriage solemnized on 13/05/2013 is not disputed by the parties. It is averred by the husband that the wife was co-operative for one month, however, her behavior altogether changed later on. It is averred that she refused to do household work, also started making allegations against her husband that he is incompetent to discharge his matrimonial obligations, he is an unfit person to be a hu

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