Hindu Marriage Act, 1955–Sec. 13(1)(b), (ia)–Decree of divorce–Sustainability of–Decree based on the ground of cruelty and desertion–Observation of Court below that eight cases panding between the parties–Failure to appreciation as to how the cases bearing the proof of cruelty on respondent- husband–It is also not clear that how the evidence of respondenthusband is more reliable–Fact of illict relation also not proved–Further, no material on record to conclude the desertion by wife–Held, decree of divorce cannot be sustained–Impugned judgment and decree set aside and matter remanded back for deciding afresh.
