In Brief
A wife sought restitution of conjugal rights and challenged her husband's divorce petition based on allegations of her intemperate behaviour. Both the trial court and first appellate court dismissed the divorce petition and allowed the wife's petition. The High Court reversed this on the basis of the wife's criminal complaint for dowry harassment (which was acquitted), treating it as mental cruelty. The Supreme Court held that this new ground could not be raised in a Second Appeal where it was neither pleaded initially nor made an issue before the trial court. The Court emphasized that mere prolonged litigation and separation, without proven substantive grounds and considering a 13-year-old child's welfare, do not justify divorce. The Supreme Court set aside the High Court's judgment and restored the trial court's order allowing restitution of conjugal rights."
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