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KOLKATA: Allegations of cruelty for seeking divorce must be substantiated by some material evidence, Calcutta HC held on Dec 19 while rejecting a man’s plea for divorce. He had moved court on grounds of cruelty and desertion.
“It has been repeatedly held by courts that cruelty has many facets and may differ from person to person depending on social context, economic strata of parties to the marriage, and such other factors. Whatever may be the benchmark for assessing cruelty, there must be some incident of cruelty proved by the party alleging it, which in the present case is totally lacking,” the court said.
“…cruelty is required to be established both by pleading and proof so as to constitute a ground for dissolution of marriage/divorce,” HC said.
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