The main legal point established in the judgment is that the concept of cruelty under Section 13(1)(ia) of the Hindu Marriage Act should be interpreted broadly, considering the mental pain and suffering inflicted on the wronged party, making it impossible to continue living together.

Kailash Gambhir, J.

1. By this appeal filed under Section 28 of the Hindu Marriage Act, 1955 the Appellant wife seeks to challenge the impugned judgment and decree dated 13.7.1998 passed by the learned ADJ whereby the divorce petition filed by the Appellant under Section 13(1)(ia) of the Hindu Marriage Act was dismissed.

2. Broad facts based on which the Appellant herein invoked the ground of cruelty and filed the petition for divorce are that the marriage between the parties was solemnized according to Hindu rites and ceremonies on 25.6.1980 at village Chamaria, P.O. Kali Jagdishpur, Distt. Basti, U.P. and a daughter 'Anupam' was born out of the wedlock on 18.7.1982. The case of the Appellant is that the parties started living together in Delhi in September, 1981 after "Gauna" ceremony was performed and the marriage was consummated; the Respondent changed his behaviour shortly after the birth of the female child as he wanted a son and started blaming the Appellant for having given birth to a female child and therefore Respondent started harassing the Appellant on one pretext or the other and used to hurl filthily abuses/insults on the Appellant almost every day and he also started beating the Appellant mercilessly very frequently. It is further the case of the Appellant that the Respondent started beating the daughter as well. The Appellant further alleged that the Respondent in the presence of the neighbours throws the Appellant on streets by pulling her hair, turns out the Appellant and the child and thereafter forces them to spend even the nights by sleeping outside the house It is further alleged by the Appellant that the position of the Appellant is that of a prisoner confined in the house and that she has been tolerating the atrocities of the Respondent in order to keep peace in their family and to save her prestige. The Appellant alleged that the Respondent stopped caring for the family and has been behaving cruelly and he even tried to strangulate her as a result of which on many occasions she became unconscious. It is further the case of the Appellant that the Respondent openly threatens her that he will not let her live peacefully, will spoil her figure and will not give anything towards her expenses and that the Appellant cannot cause any harm to him. It is alleged by the Appellant that the Respondent abuses the Appellant and the child in filthy language in the presence of his friends and that it has become his daily routine and being fed up with the cruel behaviour of the Respondent, the Appellant lodged a complaint in Police Station, Shakarpur, Delhi on 1.7.1996. It is further the case of the Appellant that the Respondent expressed his unwillingness to keep the Appellant as his wife any more through the writing dated 7.9.1994 and the Appellant started living separately in a rented accommodation along with her daughter and the Respondent kept on visiting the Appellant claiming that the Appellant being his legally wedded wife he has every right to stay with her and the Respondent continued indulging in giving beating to the Appellant and the daughter. The Appellant had given the incident of cruelty dated 21.2.1996 during her stay at E-671, Ganesh Nagar, Shakarpur, Delhi when the Respondent visited the house along with his two friends and insisted the Appellant to stay with him at F-51 /782, Ganesh Nagar, Delhi and on her refusal, the Respondent got infuriated and gave her beating and pulled her hair and forced the Appellant and the child to go and live with him. The Appellant further alleged that on 23.4.1996 the Respondent abused the Appellant in the presence of his friends and slapped her as a result of which she developed pain in her chest and had high fever but the Respondent did not take her to any doctor and rather forced her to entertain his guests and the Appellant remained confined to bed for about a week. The Appellant further alleged that on 16.5.1996 the Respondent again gave beating to her and he