petition, she was not living with her husband. Therefore, the admitted fact need not be proved. It is not the case that the petition was filed on the ground of desertion, where the husband has to state the date and time on which the wife deserted him. The fact remains that the petition was filed for divorce only on the ground of cruelty, which had been pleaded and further the strict rules of pleadings clearly says that the fact has to be pleaded and proved. The evidence need not be pleaded. Even otherwise, in case the fact has been pleaded and the manner of cruelty has also been established, then the onus will shift on the appellant/wife and it is for the appellant to prove that the allegation levelled against the husband is true as the allegation alone is not sufficient to get the relief but, it has to be proved in the manner known to law. In this case, the appellant/wife has not proved that the husband was leading immoral life with other woman, which amounts to cruelty. It is only allegation and the same was not proved. Therefore, both the Courts have rightly appreciated and re-appreciated and rendered the finding that the wife caused cruelty towards husband. Therefore, the husband is entitled for divorce.
