The main legal point established in the judgment is that mental cruelty towards a spouse can be grounds for divorce under the Hindu Marriage Act, 1955.

Prafulla C. Pant, J. (Oral):-

This appeal, preferred under Section 19 of the Family Courts Act, 1984, read with Section 28 of the Hindu Marriage Act, 1955, is directed against the judgment and decree dated 29.3.2010 passed by Judge, Family Court, Nainital in Suit No. 125 of 2008, whereby the trial court has dismissed the petition filed by husband/appellant under Section 13 of the Hindu Marriage Act, 1955.

2. Heard learned counsel for the par­ties and perused the lower court record.

3. Brief facts of the case are that pe­titioner/appellant Yogesh Chandra Joshi got manned to respondent Munni Joshi on 27.5.1998 in district Nainital. Two chil­dren (a son and a daughter) bom out of the wedlock. It is pleaded by the husband (appellant) that after the marriage, behav­iour of his wife was cruel towards him and she treated him with cruelty. It is pleaded that the petitioner is a teacher in a Gov­ernment Intermediate College. It is alleged by him that the respondent used to hurl abuses at him and his family members time and again by saying "rw dks< +h gS] rsjh ekWa Hkh dks< +h gS". It is further alleged that this she used to say in the presence of the friends and relatives. As such, the petitioner was insulted by the respondent. It is also pleaded by the hus­band (appellant/petitioner) that after the respondent left petitioner's house, he made efforts to call back his wife to his house, but she threatened him to implicate in the false cases of dowry harassment. With these pleadings, as aforesaid, a decree of divorce was sought by the husband by moving an application under Section 13 of the Hindu Marriage Act, 1955.

4. The respondent contested the pe­tition, and filed written statement. She admitted her marriage with the petitioner. She also admitted birth of two children out of the wedlock. However, she alleged that her husband is drunkard, and used to beat her in a drunken state. She has further alleged that the petitioner/appellant used to demand dowry. It is also pleaded by the wife (respondent) that the daughter is living with her. It is also pleaded by her that after she complained about the be­haviour of her husband, the two were called at Police Station Bhimtal, where the husband gave written apology, but once again he started beating her, and as such, she was compelled to leave her husband's house.'

5. On the basis of the pleadings of the parries, the trial court framed the fol­lowing issues :-

(i) Whether the respondent treated the petitioner with cruelty, and whether the respondent has left to her parental house without any sufficient reason?

(ii) Whether the respondent was har­assed and compelled to leave her husband's house, as pleaded by her in para 21 of the written statement?

(iii) To what relief, if any, the peti­tioner is entitled?

6. After recording evidence of the par­ties, the trial court found that the peti­tioner has failed to prove the ground of cruelty pleaded by him, and accordingly dismissed the petition. Hence this appeal.

7. Admittedly, parties are married to each other. It is also admitted to them that two children (a son and a daughter) born out of the wedlock. It is also not disputed that the petitioner is a teacher in a Government Intermediate College. It is also admitted that the son of the parties is living with the father, and the daughter with the mother. The dispute relates as to the fact, whether the respondent treated the petitioner with cruelty or not. PW 1 Ypgesh Chandra Joshi, in his statement, has stated that his wife used to insult him by saying that "rw dks< +h gS] rsjh ekWa Hkh dks<+h gS". PW 1 Yogesh Chandra Joshi further stated that his wife used to utter such words in the presence of his relatives and friends. Though DW 1 Munni Joshi has stated that it was she, who was subjected to cruelty, but she has not spe­cifically denied that she never uttered the words as alleged by PW 1 Yogesh Chandra Joshi. She has stated that her husband was a drunkard and used to treat her with cruelty.

8. From the record

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