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TMI Blog2009 (2) TMI 818X X X X Extracts X X X X X X X X Extracts X X X X ..... place between the appellant and the respondent on 26.02.1993 and a female child was born on 6.12.1993. In the petition filed by the appellant, it was alleged that soon after the marriage the respondent was behaving in a cruel manner derogatory to the appellant and the family members; that the respondent avoided staying in the matrimonial home and never remained there for more than 25 days together; and that after leaving the matrimonial home on 19.5.1993 while she was pregnant with the child, the respondent never returned to live with the appellant. It was also alleged that the father of the respondent is a retired Sub-Inspector of the Delhi Police and brother is a Constable and both used to extend threats to the appellant and his family m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oss- examination on this aspect. On a reading of the entire evidence, it is not possible to conclude that the appellant has been able to establish that the respondent treated him with cruelty. 17. In the instant case, the respondent wife has both before the trial Court and this Court been able to demonstrate that far from treating the appellant with cruelty, she in fact suffered cruelty at the hands of the appellant. To grant divorce to the appellant despite this only on the ground of irretrievable breakdown would not, in the view of this Court, be doing justice to the respondent. We are not inclined to interfere with the finding of fact of both the courts below that it was the appellant who treated the respondent with cruelty, rathe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xx xx xx xx (iv)has been suffering from a virulent and incurable form of leprosy; or (v)has been suffering from venereal disease in a communicable form; or (vi)has renounced the world by entering any religious order; or (vii)has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive. On a bare reading of Section 13 of the Act, reproduced above, it is crystal clear that no such ground of irretrievable breakdown of the marriage is provided by the legislature for granting a decree of divorce. This Court cannot add such a ground to Section 13 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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