Whether demand Of Separate residence by wife amounts to cruelty?

 The petitioner in her evidence, except giving slap and not
giving food did not narrate any specific incident of physical cruelty
against the respondent. It is oral uncorroborated evidence.  In fact she
gave admission and showed readiness to stay  with the respondent
and his mother. She did not like the company  of his sisters. House of
the respondent is of 12 rooms. Thus, separate residence for the
appellant and respondent could be possible,  if the respondent had
accepted the offer. At any rate, as the  demand of separate residence
cannot be considered as cause of cruelty,  for the same reason, nonacceptance of such demand by the husband also cannot be a cruelty.
These are choices given by the spouses to each other and expression
of choice and refusal of the choice itself is not a cruelty. 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO.77/2003

Mrs.Surbinder Kaur Sandeep Sood, Vs. Sandeep Rajkumar Sood,

Coram- A.M.Khanwilkar and
   Mrs.Mridula Bhatkar,JJ

Pronounced On- 8 December, 2011.
 (Per Mrs.Mridula Bhatkar,J.):

Print Page

Whether demand Of Separate Residence By Wife amount to Treating Husband with Cruelty?

 On a critical analysis of the evidence on record, we are of the considered view that though the demand of separate residence by the respondent may not amount to treating the petitioner with cruelty and the allegation that the respondent treated the petitioner with cruelty is not proved, but, since the allegation of the petitioner that the respondent deserted him without any reasonable cause is proved, the petitioner is entitled for a decree as prayed for.

ANDHRA PRADESH HIGH COURT

Methuku Suresh @ Suresh Sagar Vs. Metuku Anuradha,

CIVIL MISCELLANEOUS APPEAL No.682 of 2001

JUDGMENT:(per Hon’ble Sri Justice B. Chandra Kumar)

Print Page