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Head Note

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

Divorce - Cruelty - Respondent has already received Rs.5 lakhs by way of permanent alimony pursuant to the order passed by the Apex Court and does not appear to be interested in pursuing the litigation - Appellant is since remarried for more than a decade back, pursuant to the decree of divorce granted by the Family Court - Since the respondent has accepted the amount of Rs.5 lakhs offered by the appellant/husband towards permanent alimony and since the appellant submits that he does not want to prosecute any litigation for recovery of gold jewellery and other articles worth more than Rs.5 lakhs, do not find there is any fruitful purpose in keeping this matter pending - There is no matrimonial bond between the parties - On scanning the evidence, in the light of the conduct of the respondent ground of cruelty has been made out - Impugned order passed by the High Court liable to be set and decree of divorce granted by the Family Court restored.

Topic(s)-Divorce - Cruelty - Divorce granted