ADULTERY

In Veena Kalia v. Jatinder Nath Kalia (AIR 1996 Del 54), the husband after marriage went
abroad for studies leaving his two minor daughters and his wife in India. He did not tried to take
his wife with him and left her. For twenty three years, they lived apart and the husband
contracted a second marriage there. He had three children out of the second marriage. He was
thus, guilty of cruelty, desertion and adultery. The wife got divorce on these grounds and the
husband was ordered to pay her maintenance of Rs. 10,000 per month. The court also ordered
him to deposit Rs. 10 lacs in the court towards the expenses of his daughters’ marriages.
CRUELTY
In Shobha Rani v. Madhukar Reddi (AIR 1988 SC 121), the Supreme Court held that the word
‘cruelty’ used in Section 13 (1) (i-a) of the Act is with reference to human conduct or behaviour
in relation to or in respect of matrimonial duties or obligations. It is a course of conduct of one
which is adversely affecting the other. The cruelty may be mental or physical, intentional or
unintentional. If it is physical, it is a question of fact and degree. If it is mental, the inquiry must
begin as to the nature of the cruel treatment and then as to the impact of such treatment on the
mind of the spouse. In this Case, the Supreme Court considerably enlarged the concept of cruelty
and held that the demand for dowry, which is prohibited under law, amounts to cruelty entitling
the wife to get a decree for dissolution of marriage.