The main legal point established in the judgment is that evidence of mental and physical cruelty, supported by independent witnesses, can justify the grant of divorce under the Hindu Marriage Act.

( 1 ) THESE two appeals at the instance of wife are directed against the judgment and order dated 28-4-1998 passed by Sri V. N. Shukla, the then Family Judge, Gorakhpur, whereby he dismissed the petition under S. 13 (l) (l-a)of the Hindu Marriage Act and allowed the petition of the husband under Section 9 of the Hindu Marriage Act (hereinafter referred to as the Act) and directed the wife to discharge her marital obligations within two months.

( 2 ) SMT. Kala Kumari wife of Ram Bhawan anand filed a petition for dissolution of her marriage with the husband by a decree of divorce on the ground of cruelty meted out to her by her husband.

( 3 ) THIS petition was filed on 10-10-1996. Subsequently, in January 1997, the husband filed a petition for restitution of conjugal rights. Both the petitions filed by the parties were heard together and disposed of by a common judgment and order dated 28-4-1998. Therefore, both the appeals filed by the wife against the aforesaid judgment and decree were heard together and are being disposed of by a common order.

( 4 ) ADMITTEDLY, the marriage of Smt. Kala kumari was solemnized with Ram Bhawan anand on 23-4-1985 and out of this wedlock, one daughter Ankita and one son Divya were born. It was alleged by the wife that after birth of son, the relationship between the parties became strained and the husband caused mental cruelty by questioning her chastity. She was assaulted and was insulted several times by her husband in the house as well as in her office. The husband used abusive language and developed illicit intimacy with several women. She saw her husband in objectionable condition in the month of January 1996. When she objected, the respondent became angry and threatened to cause injuries. She made all possible efforts for reconciliation but all in vain.

( 5 ) THE husband filed written statement admitting his marriage with the petitioner as well as birth of two children out of this union. This was also admitted by the husband that the petitioner was employed as a senior Clerk in N. E. Railway at Gorakhpur. He, however, totally denied other allegations and pleaded that he provided education to her wife and she completed her M. Sc. B. Ed, and never tried to insult his wife nor assaulted nor suspected her fidelity as alleged in the petition. The husband further pleaded that the petitioner used to visit the house of her Mausa without his permission and ultimately left her Sasural on 25-9-1996 along with her younger brother Vinod Kumar and since then, she was living there.

( 6 ) A replication was filed by the petitioner reiterating her allegations levelled in the petition. She alleged that she saw her husband in compromising position with one chandra Prabha and the husband used filthy language in her office also.

( 7 ) LEARNED Family Judge framed necessary issues in this case. The petitioner in support of her petition examined four witnesses including her own brother Vinod kumar as P. W. 1, Samuel Sarin, Office Superintendent, N. E. Railway Gorakhpur as p. W. 2 Bajrangi Lai a typist of the Section in which the petitioner was employed as P. W. 3 and the herself as P. W. 4.

( 8 ) ON the other hand, the husband examined Parag, who is his class follow as D. W. 1, Lakhpat Prasad a resident of adjoining village as DW. 2 and himself as D. W. 3.

( 9 ) THE husband sought a decree for restitution of conjugal rights mainly on the ground that the wife had withdrawn from his society since September 1996 without reasonable excuse and was not coming to her Sasural despite his best efforts.

( 10 ) THE wife contested the petition mainly on the ground that differences arose between the parties after birth of their son and the petitioner was not a man of good character and had developed illicit relationship with several women. When she objected, the husband levelled false charges against her character and insulted her by suspecting her fidelity.

( 11 ) THE necessary issues were framed in this pet