The Court was dealing with an appeal challenging a family court order, whereby the husband’s plea for a divorce under Section 13 of the Hindu Marriage Act had been dismissed.
While challenging the family court order, the husband claimed that he had sufficiently proved that his wife had deserted him.
The High Court, however, found that the husband’s allegations of cruelty were vague and general in nature. No specific instance of cruelty was mentioned or pleaded, the Court noted.
Rather, the husband had simply claimed that the wife’s attitude towards him and his family was hostile and that she kept picking quarrels before she finally left the matrimonial home.
The Court proceeded to highlight that the Hindu Marriage and Divorce (Himachal Pradesh) Rules, 1982 specifically require the allegations of cruelty to be specified in the petition with sufficient particularity with time and place of the Act alleged and other facts relied upon.
Source: Barandbench
