The main legal point established in the judgment is the requirement for specific pleading and proof of cruelty in seeking a decree of divorce under Section 13 (1) (ia) of the Hindu Marriage Act, 1955.

( 1 ) THIS appeal is directed against the judgment and decree dated 3-4-98 in Civil Suit No. 18-A/98 by Additional District Judge, Rewa, dismissing the application of appellant/husband under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'act' for short), for dissolution of marriage by a decree of divorce.

( 2 ) UNDISPUTABLY, the parties were married on 20-3-1991 at Sindhi Colony Satna, according to Hindu rites and customs. They are now living separately since July 1992.

( 3 ) IT was averred by the appellant in his petition that the parties resided in the appellant's house at Rewa for a short period after their marriage. Thereafter, the respondent/wife went to her parents' home with one Parasram, whom she used to address as 'chacha'. It was alleged that the respondent/wife used to misbehave with and maltreat the old parents of the appellant/husband. The appellant/husband tried to persuade the respondent/wife to properly behave with his old parents, but his persuasions fell on deaf ear. The respondent/wife not only did not mend her ways, but also started threatening that she would commit suicide by self-immolation. The appellant/ husband complained to the parents of the respondent/wife regarding her misbehaviour, as above. The behaviour of respondent/wife however did not show any improvement. She expressed to the appellant/husband that he should live separately from his parents and start his own business and also told him that he could take money from her parents, for the purpose. The respondent/wife also stopped having marital relationship with the appellant/husband and told him that they would cohabit only on the appellant living separately from his parents and family members.

( 4 ) IT was further averred by the appellant that in the month of June/july 1992, the respondent/wife went away with her mother and uncle-Parasram. They also lodged a false police report regarding assault on her by the appellant and his parents. The appellant and his parents had to suffer harassment and mental torture due to the said report. The respondent/wife thereafter did not return to the matrimonial home despite the appellant making several efforts. A notice was also sent by the appellant/husband to the respondent/wife, requesting her to return back, but the respondent did not return back to the matrimonial home. The appellant/husband therefore prayed that a decree for divorce be granted.

( 5 ) THE respondent resisted the application and denied the allegations as above. According to her, she did not misbehave or maltreat the appellant or his parents. She alleged that she went to her parents' home only after obtaining permission from the appellant/husband and his parents. It was alleged by the respondent that after she became pregnant, the appellant/husband and his father wanted to get an insurance policy on the life of the respondent for Rs. Two lacs with oblique motive. According to the respondent/wife, the appellant/husband and his parents were conspiring to end her life after getting the insurance policy issued on her life. The respondent/wife however refused to sign the necessary documents. She has also denied that she threatened the appellant that she would commit suicide.

( 6 ) THE respondent has further alleged that the appellant had taken away the newly born baby from her. Hence, the respondent/wife had to lodge a police report at Police Station, Rewa. It was also alleged that on the intervention of the police, the infant son of the respondent/wife was returned to her by the appellant/husband and his parents. It was also alleged by the respondent that the appellant had admitted harassment of the respondent/wife in writing at the Police Station and had undertaken that he will not henceforth harass the respondent. The respondent/wife has also denied that she refused to co-habit with the appellant/husband or return to the matrimonial home. It was averred by her that she had to live separately from the