Bombay High Court
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Versus
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Headnote:HINDU MARRIAGE ACT, 1955

       Sections 13 (1) (i-a) and 20-Petition for divorce-On ground of cruelty -No other ground can be taken on basis of written statement filed by other party.

       In Courts opinion, it is clear from the above provisions that the petitioner must have been treated with cruelty prior to the filing of the petition. No subsequent acts either by way of allegations in written statement, responsible or not, baseless or not, can be taken help of in order to come to the conclusion that the respondent in a matrimonial petition has treated the petitioner with cruelty. It is settled law that the right of a party is determined by the facts as they existed on the date the action is instituted. In other words, a petitioner approaching Court with a petition for divorce on the ground of cruelty can succeed only if he proves the act of cruelty on which he has based his petition, Even requirements of Section 20 of the Hindu Marriage Act are mandatory which require every petitioner to state in his petition as distinctly as the nature of the case permits the facts on which the claim is founded.

       For Citation : AIR 1993 Bom 70 at p. 75