Hindu Marriage Act, 1955 - s. 13(1) - Dissolution of marriage by way of divorce - Inference of mental cruelty- On facts, petition for divorce by the husband on the ground of desertion rejected by family court; however, the High Court taking note of subsequent events, granted divorce on the ground of mental cruelty, even though said ground was not prayed in the relief clause - Interference with - Held: Allegation of desertion, as enshrined u/s. 13(1)(ib) not established - However, incidents antecedent to the filing of the petition reveal the attitude and the conduct of the wife towards her husband - Wife did not invite husband and his family members for naming ceremony of their son; wife pursued higher studies without informing the husband; wife alleged that the husband had kept her as unpaid servant; husband at the time of delivery went to the hospital to bring the wife and child back to his house but wife along with the child went to her parental house - Wife did not join husband immediately pursuant to the order of the family court but joined on the last days of expiration of period; and after two months wife lodged an FIR against the husband and his family members and as a result the husband suffered day's custody - It can be inferred that the husband was treated with mental cruelty - Husband faced ignominy being an Associate Professor in a Government Medical College - Wife showed anaemic emotional disposition to the husband - Thus, the decree of divorce granted by High Court upheld singularly on the ground of mental cruelty - However, in view of the social status and strata and the court of effective availing of Rs. 25,00,000/- to the wife, excluding the amount already paid - Subsequent events.

Mental cruelty - Concept of - Effect of mental cruelty - Held: Mental cruelty and its effect cannot be stated with arithmetical exactitude - It varies from individual to individual, from society to society and also depends on the status of the persons - What would be a mental cruelty in the life of two individuals belonging to particular strata of the society may not amount to mental cruelty in respect of another couple belonging to a different stratum of society - Agonized feeling or for that matter a sense of disappointment can take place by certain acts causing a grievous dent at the mental level - Inference has to be drawn from the attending circumstances.

Subsequent events - Reliance upon - Held: Subsequent facts under certain circumstances can be taken into consideration.

Administration of justice - Duty of the court - Dissolution of marriage sought on the ground of desertion by the husband, rejected by family court - However, High Court taking into consideration subsequent events, granting divorce on. the ground of mental cruelty, even though the said ground was not prayed - Correctness of - Held: On facts, it is the bounden duty of this Court to consider the issue of mental cruelty for the sake of doing complete justice - Parties should not be left to fight the battle afresh after expiry of thirteen years of litigation - Dealing with the plea of mental cruelty would not affect any substantive right of the wife rather would condone a minor technical aspect - Administration of justice provokes the judicial conscience that it is a fit case to invoke power conferred on Supreme Court under Article 142 - Constitution of India, 19,50 - Article 142.