A wife's desire to live separately from her husband's mother is not unreasonable and does not amount to cruelty.

( 1 ) THIS appeal under S. 28 of the Hindu Marriage Act, 1955 is directed against the judgment and decree dt. Mar. , 12, 1984 of the Court of Shri M. A. Khan, Additional District Judge, Delhi dismissing the petition of the appellant for dissolution of marriage by a decree of divorce under S. 13 (1) (ia) of the said Act.

( 2 ) THE factual background is this. The marriage between the parties was solemnized on Jan. 22, 1980 at New Delhi according to Hindu rites and ceremonies. Both the parties cohabited at New Delhi and out of this wedlock, one male child named Kapil was born on Dec. 23, 1980 who is still alive and is living with the respondent. According to the appellant, the differences arose between the parties in the month of Jan. , 1981 and the respondent had left the house of the appellant on Feb. 15, 1981 with her son and went to her parents house with all her belongings like gold ornaments, clothes etc. Allegations of cruelty are made in paras 5, 6 and 7 of the petition in these words :

"5. That the petitioner is the ly son of his parents and living with his mother and the respondent before leaving the house of the petitioner on 15-2-1981 had expressed her desire that the petitioner should live separately with the respondent to some other place although the petitioner has only his mother in his family to live with him and the sisters of the petitioner are married they are living with their husband and the father died in 1974. That this desire of the respondent really shocked the petitioner and gave mental pain to the petitioner. 6. That on 20-3-1981, the day of Holi, the petitioner was invited by his father-in-law on dinner at his residence and the petitioner went there with his maternal uncle Shri Madan Lal and when the petitioner and his maternal uncle reached at the house of his father-in-law instead of taking dinner at his in laws house the father-in-law and the whole family of the respondent argued on the differences between the petitioner and the respondent and during the arguments the father-in-law of the petitioner lost his temper and was given beating by his father-in-law and brother-in-laws at the instigation of his wife. The petitioner was rescued by the intervention of the neighbourers and by the maternal uncle of the petitioner who was with him at that time. That at that time the respondent instead of rescuing the petitioner used filthy languages for the petitioner. That this act of the respondent gave mental pain and agony to the petitioner. 7. That in the month of Apr. , 1981 the petitioner fell ill and the mother of the petitioner informed the respondent about the illness of the petitioner but the respondent did not care for the petitioner and also had not visited the house of the petitioner to know the condition of the petitioner. "it is pleaded that the respondent created and caused to be created such conditions which became so intolerable that it was impossible for the appellant to continue to live with the respondent. The petition was filed on July 1, 1981 seeking a dissolution of the marriage by a decree of divorce.

( 3 ) THE respondent denied the allegations of cruelty in the corresponding paragraphs of the written statement. It is denied that the respondent created or caused to be created such conditions which became intolerable or it was impossible for the appellant to continue to live with the respondent. It was also denied that there was any cruel treatment or misbehaviour by the respondent towards the appellant or it caused any physical or mental injury to the appellant. It is pleaded that with the permission of the appellant and his mother, the respondent s mother brought the respondent to her house on Feb. 15,1981 as it is customary, that the appellant allowed the respondent to live at least for about a month and agreed to bring her back to his house, that the appellant told the respondent that he needed Rs. 25,000. 00 for his business as already asked for and if she wanted to