In Brief
A wife challenged the High Court's decision dissolving her marriage based on mental cruelty arising from a dowry harassment complaint she had filed against her husband. The Supreme Court held that while prolonged separation and litigation may indicate marital breakdown, the High Court improperly introduced a new ground (false criminal complaint) that was neither pleaded nor framed as an issue in the original matrimonial proceedings. The Court emphasized that grounds for divorce must be properly pleaded, framed as issues, and proved through evidence before the trial court. Given the conservative background, minor child, and ordinary marital differences involved, the Court set aside the dissolution and restored the trial court's order dismissing the husband's divorce petition and allowing the wife's restitution petition."
The lawyer headnote and full judgment text are available to registered users.