Hindu Marriage Act, 1955–Secs. 13 & 9–Dismissal of divorce petition by allowing the application u/s. 9–Appreciation of–Neither any eye-witness was examined nor any document was produced to support the accusation of cruelty, ill treatment, dowry harassment and physical violence in drunken state–Appellant admitted in her cross-examination that she neither lodged any criminal complaint regarding physical violence nor she underwent a medical examination–She left the maternal house as per her own free will–Any intention to commit cruelty and even the actual acts of cruelty are absent–Appellant failed to substantiate the allegations levelled by her–Held, Family Court has rightly rejected the application u/s. 13 and accepted the respondent’s application u/s. 9.
