AIR 1963 KERALA 214 ::1962 Ker LT 857

Kerala High Court

Hon'ble Judge(s): M. S. Menon, P. Govindan Nair , JJ

Divorce Act (4 of 1869) , S.32, S.33, S.22, S.10— Legal cruelty - Husband insisting on wife to change faith - It is legal cruelty. @page-Ker215 The conduct of the husband in insisting that the wife should change her faith (the wife being Roman Catholic and the husband belonging to Chaldean Church) amounts to mental cruelty.(Para 2) The progressive tendency of the law has broadened the basis of legal cruelty and it is unnecessary for a wife to establish a marital offence to resist an action for restitution of conjugal rights. AIR 1957 Trav-Co 293, Relied on.(Para 3)