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V.i. Elizabeth, Trichur Vs. E.P. Paul, Trichur - Court Judgment

LegalCrystal Citation
SubjectFamily;Civil
CourtKerala High Court
Decided On
Case NumberA.S. No. 943 of 1959
Judge
Reported inAIR1963Ker214
ActsDivorce Act, 1869 - Sections 10, 22, 32 and 33
AppellantV.i. Elizabeth, Trichur
RespondentE.P. Paul, Trichur
Appellant Advocate C.J. Anthony,; T.C. George and; K.M. Joseph, Advs.
Respondent Advocate V. Sivaraman Nair, Adv.
DispositionAppeal allowed
Excerpt:
- - whatever be the truth or otherwise of the allegation regarding the infliction of physical cruelty, we are satisfied that the conduct of the husband in insisting that the wife should change her faith amounted to mental cruelty. 3. the progressive tendency of the law has droadend ed the basis of legal cruelty and it is well settled now that it is unnecessary for a wife to establish a mantai offence to resist an action for restitution of conjugal rights......the decree for restitution of conjugal rights passed against her.2. it is clear from the evidence in the case that thee husband, the respondent before us, has been persistent by insisting that his wife should join the chaldean churcn. she is a roman catholic by faith. it is her case that this insistence at times took the form of infliction of physical injury on her. whatever be the truth or otherwise of the allegation regarding the infliction of physical cruelty, we are satisfied that the conduct of the husband in insisting that the wife should change her faith amounted to mental cruelty.3. the progressive tendency of the law has droadend ed the basis of legal cruelty and it is well settled now that it is unnecessary for a wife to establish a mantai offence to resist an action for.....
Judgment:

1. This is an appeal by the wife against the decree for restitution of conjugal rights passed against her.

2. It is clear from the evidence in the case that thee husband, the respondent before us, has been persistent by insisting that his wife should join the Chaldean Churcn. She is a Roman Catholic by faith. It is her case that this insistence at times took the form of infliction of physical Injury on her. Whatever be the truth or otherwise of the allegation regarding the infliction of physical cruelty, we are satisfied that the conduct of the husband in insisting that the wife should change her faith amounted to mental cruelty.

3. The progressive tendency of the law has Droadend ed the basis of legal cruelty and it is well settled now that it is unnecessary for a wife to establish a mantai offence to resist an action for restitution of conjugal rights. It has been so held in Krishna Pillai v. neeiakanta Final, 1956 Ker LT 933 : (AIR 1957 Trav-Co. 293).

4. We allow this appeal and dismiss the petitionfiled by the husband for restitution of conjugal rignts.We make no order as to costs.


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