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1962 DIGILAW 101 (KER)

Elizabeth v. Paul

1962-03-15

M.S.MENON, P.GOVINDA NAIR

body1962
Judgment :- 1. This is an appeal by the wife against the decree for restitution of conjugal rights passed against her. 2. It is clear from the evidence in the case that the husband, the respondent before us, has been persistently insisting that his wife should join the Chaldean Church. She is a Roman Catholic by faith. It is her case that this insistence at times took the form of infliction of physical injury on her. Whatever be the truth or otherwise of the allegation regarding the infliction of physical cruelty, we are satisfied that the conduct of the husband in insisting that the wife should change her faith amounted to mental cruelty. 3.The progressive tendency of the law has broadened the basis of legal cruelty and it is well settled now that it is unnecessary for a wife to establish a marital offence to resist an action for restitution of conjugal rights. It has been so held in 1956 KLT. 933. 4. We allow this appeal and dismiss the petition filed by the husband for restitution of conjugal rights. We make no order as to costs. Allowed.