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Head Note

The Hindu Marriage Act, 1955  - Section 13 (1)

Cruelty - Destination - Husband seeking divorce on ground of cruelty and desertion on part of wife - No specific allegation given in petition about alleged cruelty and desertion - Evidence of daughter that her father used to beat her mother and mother never abused her father shows that wife had sufficient ground to live separately - Held, Wife not guilty of either cruelty or desertion. AIR 1988 Supreme Court 121 relied upon.

The Hindu Marriage Act, 1955  - Section 28

Appeal - Power of High Court - High Court while exercising its power under Section 28 as first Court of Appeal is both a Court of Law and also of facts. AIR 1988 Supreme Court 121 relied upon.

Topic(s)-Divorce - Cruelty

Important Decision(s)- High Court while exercising its power under Section 28 of the HM Act as first Court of Appeal is both a Court of Law and also of facts.