Divorce can not be granted if cruelty is condoned
As regards the plea of the husband that the filing of the criminal case and maintenance case by the wife on false charge constitutes cruelty on the part of the wife, we would however like to note that since admittedly those cases were subsequently compromised and since the respondent also came or was brought back to live in the matrimonial home and in fact lived there for nearly one and a half year after the compromise the husband cannot avail of the plea that filing of these cases constitutes cruelty on the part of the wife, because by making a compromise of these cases cruelty, if any, on the part of the wife had been condoned by the husband and, alternatively because, the compromise indicates that the wife filed those cases possibly on genuine grounds in which case the filing of such cases did not constitute cruelty. From the evidence of the husband's father we have seen that a compromise petition was also filed in the Court containing the terms and conditions of compromise but that compromise petition has not been brought in evidence in the matrimonial suit by the husband which rather raises a presumption that the production of the compromise petition in evidence has been withheld by the husband because its production would have disclosed a state of affairs adverse to the petitioner.
Calcutta High Court
Tapan Kumar Chakraborty vs Smt. Jyotsna Chakraborty on 9 July, 1996
Equivalent citations: AIR 1997 Cal 134
Bench: G R Bhattacharjee, N N Bhattacharjee
