Verbatim Quote from a Divorce Case

4. The husband in his plaint alleged infidelity and loose moral character on the part of wife and that was the principal ground for seeking divorce. It was further alleged by the husband that despite the fact that he had not visited the wife for more than a year and was on duty in the Army where he is a Sepoy and yet a son was born and the husband emphasised this circumstance as proof positive of the illicit relations of his wife with others. It was also alleged that the behaviour of his wife towards his parents left much to be desired.
5. The wife in her reply contradicted and condemned all the aforesaid allegations of the husband and maintained that the son born to her was the legitimate child of the plaintiff-appellant and the vicious allegations made by the husband against her are all totally false. She denied that she had been rough and rude to her in-laws.
6. The couple have an 11 years old daughter and she is admittedly a legitimate daughter of the plaintiff-appellant.
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8. It may be mentioned at the outset that the approach of the trial Court to the case was misconceived. The trial Court should have realized that in cases of such disputes between the husband and wife, the approach should not be the same as in property disputes. The matter should be dealt with as relating to animate and not inanimate objects. Instead of trying to resolve the dispute firmly and finally, the trial Judge just dismissed the suit with the findings that the allegations of the husband had not been proved.
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10. In cases of this nature, it should not be deemed necessary to give categorical findings with regard to illicit relations of the wife. For the family and the society as a whole, such matters need to be kept under wraps to avoid discomfiture and disgrace, particularly, when the Court can do without being specific in this regard.
11. What the Court needs to see is vicious and violent allegations of illicit relationship are being hurled by the husband with impunity. If divorce is refused, the husband and wife will not be able to live together, because, the scars inflicted by such cruel allegations will never heal and the husband and wife will never remain united hereafter because of the dissentions and disputes.
12. It is not the policy of law to break up homes but a house which is torn asunder by constant strifes and bickerings is a hell and must be broken up. It is in this perspective that the dispute should be visualized. Looked at, from this point of view, the only remedy which seems appropriate, is to grant divorce.