JUDGMENT - Mohta J.-Has Madanlal Sharma v. Smt. Santosh Sharma1 correctly laid down the law relating to “cruelty” as a ground for divorce as envisag-ed by section. 13(l)(i-a) of the Hindu Marriage Act, 1955 (“The Act” for short) is a point which needs answer in this reference to the Full Bench.

2. First of all, the factual background. Appellant Dr. K.K.. Londhe, married the respondent Mrs. Nisha Londhe in the year 1950. The respon- dent is Christian by birth but she was converted to Hinduism and the marriage was performed according to Hindu rites. During the period of 16 years of maritai life, the couple was blessed with three children. The marriage life unfortunately was unhappy. The respondent had gone to Bangalore sometime after May 1966. In September 1966, she gave a notice to the appellant for restitution of conjugal rights to which no response was given. She, therefore, filed a petition for custody of the children and also filed a civil suit for maintenance. In the year 1967, the appellant filed a petition for judicial separation under old section 10(1) (b) of the Act on the ground of cruelty. The substance of the appellant's contention was that the respondent was uncultured,

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