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VIKRAM NATH, PRASANNA B. VARALE
Sau. Jiya – Appellant
Versus
Kuldeep – Respondent
ORDER
VIKRAM NATH, J.
1. Leave granted.
2. The instant appeals arise out of the impugned order dated 25.04.2018 passed by the High Court of Judicature at Bombay Bench at Nagpur in Family Court Appeal No. 37 of 2017 whereby the High Court dismissed the appellant’s appeal challenging the decree of divorce granted by the Family Court.
3. The brief facts of the matter are that the marriage between the appellant-wife and the respondent-husband was solemnized on 27.06.2012 at Nagpur as per Hindu rights and customs after a courtship of about four years and the appellant started cohabiting with the respondent at the matrimonial house. The respondent filed Petition No. A-943 of 2014 before the Family Court, Nagpur under Section 13 of the Hindu Marriage Act, 1955 [HMA] seeking grant of divorce on the grounds of cruelty and desertion. It was alleged by the respondent in the divorce petition that soon after the marriage, his father suffered some heart problem and was required to be hospitalized for about fifteen days during which the husband could not devote enough time to the appellant which became the cause of her anguish and displeasure. Resultantly, the appellant left the company of the respon
Divorce – A dead marriage can be given a decent quietus while protecting interest of divorced wife by granting her a decent alimony.
The court held that a marriage can be annulled under Section 12(1)(C) of the Hindu Marriage Act if obtained through fraud, particularly when one spouse conceals crucial facts such as prior relationsh....
The court held that the existence of sufficient grounds for divorce must be demonstrated, alongside appropriate permanent alimony reflecting the spouse's standard of living prior to separation.
The court established that allegations of cruelty must be substantiated with evidence, and the absence of such evidence can lead to the dismissal of divorce petitions.
(1) A dead marriage can be dissolved by Supreme Court by exercising discretionary power under Article 142 of Constitution.(2) Permanent alimony – Amount of permanent alimony should not penalize husba....
Divorce – Father is duty bound to maintain his child irrespective of income of mother,
The court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
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