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B. R. GAVAI, K. VINOD CHANDRAN, N. V. ANJARIA
Anurag Vijaykumar Goel – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
K.VINOD CHANDRAN, J.
Matrimonial acrimony has left the parties fighting in courts for eight long years, after a brief conjugal life of one year and nine months. The parties were both divorced once and had attempted yet another experiment at marriage, which too failed miserably. The appellant-husband asserts that the 2nd respondent-wife (hereinafter referred to as the respondent) got a fair settlement as alimony from the earlier divorce; which, we find at the outset, is irrelevant in the adjudication of the present dispute. The appellant has an autistic child from the first marriage and the ownership of the apartment he jointly owned with his first wife was released in his favour in the best interest of the minor child. The parties were residing in the said apartment, viz: A-52, Kalpataru Habitat, Dr. S.S. Rao Road, Mumbai; which is one of the bone of contentions in the dispute, when they became estranged.
2. The appellant asserts that it was due to irreconcilable disputes resulting in constant harassment by the wife that he left the apartment and moved to Faridabad to stay with his parents and his differently abled child, also forsaking his lucrative employment in a private
A dead marriage must be given a decent quietus.
(1) Divorce by mutual consent – Any deviation from terms of settlement arrived in mediation and later confirmed by Court should be dealt with strictly – Settlement once entered and authenticated by M....
Cruelty and desertion established grounds for divorce under Hindu Marriage Act; applicant's claims of non-applicant's uncooperative behavior led to permanent breakdown of marriage.
The Family Court can grant divorce on the grounds of cruelty and desertion only if sufficient evidence is presented, affirming the need for corroboration in such claims.
The court upheld the dissolution of marriage based on established grounds of cruelty and desertion, emphasizing the irretrievable breakdown of the marital relationship.
The judgment emphasizes the significance of mutual consent in divorce proceedings under the Hindu Marriage Act, 1955, and the court's authority to dissolve a marriage under Article 142 of the Constit....
Mutual unfounded accusations without evidence can justify mental cruelty, allowing for the dissolution of marriage despite ongoing familial and legal disputes.
Cruelty and desertion are valid grounds for divorce under the Hindu Marriage Act, particularly when the marriage is irretrievably broken down.
(1) Divorce – Article 142(1) of Constitution of India, Supreme Court can dissolve marriage on the ground of Irretrievable breakdown of marriage.(2) Hindu marriage is a sacrament and is considered to ....
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