JUDGMENT :

HARISH TANDON, J.

1. To define “Cruelty” in relation to a matrimonial dispute is an arduous task and the complex issue which the Court often face as in a matrimonial law, the cruelty has not been defined nor given a definite or precise meaning. Albeit, such complex issue, the Courts have attempted to define “cruelty” in relation to a matrimonial cause in pursuit of dispensation of justice and providing a reliefs under in the matrimonial laws. Upon codification of the Hindu law, the first step which the legislatures took is to enact Hindu Marriage Act in the year 1955 encapsulating the remedies to the spouse in detaching the association or coming out of the matrimonial institution by virtue of a dissolution of marriage. In the formative year of promulgation of the Hindu Marriage Act, the dissolution of marriage was restricted to the grounds provided in Section 13 of the said Act but subsequently, the legislatures being conscious of the fact that compelling the spouse to remain in matrimonial institution may have a cascading effect not only in relation to their life but the society at large and incorporated Section 13B of the said Act whereunder the parties without assigning