condonation of cruelty by Husband
The aforesaid facts clearly show that even if there was any act of cruelty on the part of the respondent, then it was condoned by the appellant when the respondent conceived the child of the appellant. In respect of the abortion, the appellant though in his statement specifically denied that for the abortion, his consent was obtained but without the consent of appellant respondent could not have been aborted. (See para 8 of the statement of the appellant). The mother of the appellant has also appeared in the witness box. She has also specifically stated that no complaint was made by the appellant to her when appellant and respondent both have started sleeping separately. It is also staled in paragraph 5 of her statement that when the appellant and respondent were residing together, one notice was got served on the respondent. In para 5 of her statement, she has also stated that on her advice, this divorce petition was filed and the entire case was got prepared on the basis of her instructions.
7. All these facts show that the appellant could not prove any act of cruelty against the respondent and the trial court has rightly recorded the aforesaid findings and has not committed any error in dismissing the suit filed by the appellant. In view of the aforesaid, this appeal is found without any merit and is dismissed with no order as to costs.
AIR2013MP40
IN THE HIGH COURT OF MADHYA PRADESH (INDORE BENCH)
Decided On: 02.02.2012
Appellants: Vipin More
Vs.
Respondent: Smt. Preeti More
Vs.
Respondent: Smt. Preeti More
Hon'ble Judges/Coram:Krishn Kumar Lahoti and S.K. Seth , JJ.
