The widened concept of cruelty in marital relations, the significance of mental cruelty, and the evidentiary requirements for proving adultery.

( 1 ) MARRIAGE between the parties who are Christians took place more than 25 years ago. Its dissolution has been sought on the ground of cruelty coupled with adultery.

( 2 ) IT is alleged that right from day one respondent No. 1, i. e. the husband started exhibiting symptoms of cruelty, apathy and lack of interest towards the petitioner and somehow or other the petitioner pulled on with the marriage till the year 1978 in the hope that the respondent No. 1 may change. The impression of the petitioner was that the problems of his character may be due to temperament and not a basic trait of his character that may be incorrigible or unchangeable. That off and on the respondent No. 1 used to come home fully drunk and indulged in physical beatings. However, when alt efforts failed, the petitioner found that respondent No. 1 was psychologically ill and has maniac traits right from his childhood and his character is unsuitable for a marital life and so much so the doctors, psychologists and priests have advised him not to enter into a marital life but the respondent No. 1 played a fraud upon the petitioner and obtained her consent. In spite of the fact that two children were bom to the petitioner during the three years, of their joint stay the respondent No. 1 developed hatred towards her and stopped having intercourse with her and rather spurned and rejected the advances and offers sometimes fiercely and sometimes in most hateful manner from 1978 to 1980. It is further alleged that during 1978 - 1980 respondent No. 1 used to beat the petitioner almost daily and also used to remain absent from home continuously for 2-3 days without any reason or intimation.

( 3 ) ON making inquiries through friends and relatives the petitioner came to know that respondent No. 1 was having illicit relationship with woman of bad character named Ms. Sonia residing in Paharganj area. When she objected to respondent No. 1 s conduct and absenteeism and cruel behaviour towards the petitioner and his adulterous affairs he became violent and threw the petitioner and children out of matrimonial home. However, the repeated entreaties did not find favour and he refused to accept the petitioner and children back to matrimonial home. Being compelled by the circumstances she undertook a job for her survival as also for survival of the children.

( 4 ) NOW for the last five years the respondent No. 1 has been living with another woman Ms. Rubi Mehra, respondent No. 2, and when petitioner requested him to leave respondent no. 2 and accept petitioner and children back he did not pay any heed and when she approached his mother, she also expressed her inability by saying that he was no more under her control.

( 5 ) LAST attempt to reconcile and mend respondent No. 1 was made by the petitioner on 28. 9. 1997. At about 2. 30 afternoon she went to the house where respondent No. 1 has been living with aforesaid Ms. Rubi Mehra and finding no response from the doorbell and knock at the door she tried to open the door and moment she pushed it, it got opened since no latch was put inside. When she went inside and did not find anybody in the drawing room, she proceeded to the bedroom and knocked at the door. The respondent No. 1 removed the latch and half-opened the door but when she pushed it, respondent No. 1 lost the control of his hold and the door got opened. She saw respondent No. 2 lying in the bed stark naked. She pulled the bed sheet and covered herself. The only inference was that both of them were having sexual intercourse at that time. Respondent No. 1 became very angry and hurt the petitioner on her face and pushed her out of the room and abused her by calling her a bitch and also threatened to kill her in case she again tried to enter the house. Thus, the respondent no. 1 has not only committed physical and mental cruelty upon the petitioner but has also been committing adultery since long apart from deserting her and her children.

( 6 ) IN spite of having been serv

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