Hindu Marriage Act, 1956–Sec. 13–Dismissal of divorce petition–Justification–Trial Court has not considered and appreciated the concept of cruelty in its true purport–Petitioner-wife was staying separate from her husband since three years prior to filing the divorce petition–She assigned a just and reasonable cause to leave her husband–A counter-claim filed by the husband for restitution of conjugal rights was dismissed for not adducing the evidence –The intention of husband to abandon the matrimonial relationship with the wife can be inferred–No supporting evidence to grant her permanent alimony–Decree of divorce is granted without awarding permanent alimony as claimed by her.
