Wife guilty of cruelty but husband condoned it - subsequent conduct of wife is not a revival of the original cause of action - so separation denied

Wife guilty of cruelty but husband condoned it - subsequent conduct of wife is not a revival of the original cause of action - so separation denied

N G Dastane vs S Dastane

Supreme Court

19/03/1975

AIR 1975 SC 1534, (1975) 2 SCC 326, 1975 3 SCR 967, I (1981) DMC 293 (SC)

About/from the judgment:

Judgement Against Husband = Wife was guilty of Cruelty but husband condoned it, subsequent conduct of wife is not a revival of the original cause of action, so Separation denied.

 

The inquiry therefore has to be whether the conduct charges as cruelty is of such a character as to cause in the mind of the petitioner a reasonable apprehension that it will be harmful or injurious for him to live with the respondent.

 

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