Hindu Marriage Act, 1955:

s. 13(1 )(i-a) - Petition for divorce by husband alleging cruelty by wife - Dismissal by trial court as a/so by High Court - Plea that divorce be granted on the ground of irretrievable breakdown of marriage - HELD: No such ground is provided by legislature for granting a decree of divorce - Supreme Court cannot add such a ground to s. 13, as that would be amending the Act, which is a function of legislature - Cases referred in this regard cannot be treated as precedent - In the instant case, divorce by mutual consent in terms of s.13-8 cannot be granted as the wife is not willing to agree to a divorce - Finding of fact of both the courts below that it was E the husband who treated his wife with cruelty rather than the other way round not interfered with - Precedent.