VIKRAM NATH, SANDEEP MEHTA
Geeta @ Reeta Mishra – Appellant
Versus
Ajay Kumar Mishra – Respondent
JUDGMENT
VIKRAM NATH, J.
1. Leave granted.
2. The present appeals arise from the judgment and order dated 18th December 2023 passed by the High Court of Delhi in MAT.APP.(F.C.) No.20 of 2020, whereby the High Court affirmed the decree of divorce granted by the Family Court vide order dated 20th September 2019.
3. The relevant facts, in brief, are as follows:
3.1. The parties were married on 6th May 1996 and have two children from the marriage: a daughter born in 1997 and a son born in 1999.
3.2. In March 2009, the respondent-husband filed a divorce petition being HMA No.135/2009 under Section 13(1)(ia) of the Hindu Marriage Act, 1955 [HMA], on the ground of cruelty. The husband alleged various instances of mental cruelty by the wife, whereas the wife contended that she herself had been subjected to mental and physical cruelty.
3.3. The appellant-wife thereafter filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 [DV Act.] against the respondent- husband and his family members.
3.4. In the DV Act proceedings, the Mahila Court directed the husband to pay maintenance of Rs.6,300/- per month, later enhanced to Rs.7,500/- per month.
3.5. In 2013, the re
It is father’s duty to provide for his children, and meeting marriage expenses of his daughter.
The court established that the award of permanent alimony and marriage expenses must be based on a comprehensive assessment of the financial circumstances of both parties, and that the Family Court's....
(1) Divorce – Where marriage has lost its essence and that its continuation would serve no meaningful purpose – A dead marriage must be given a decent quietus..(2) Maintenance/Alimony – Financial ind....
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.
Divorce – A dead marriage can be given a decent quietus while protecting interest of divorced wife by granting her a decent alimony.
Divorce – A dead marriage must be given a decent quietus – There is no purpose in perpetuating a legal bond that has long ceased to have any substance.
The court has the discretion to modify maintenance orders based on the circumstances, including expenses already borne by the party responsible for payment.
The appeal court held that the husband's unsubstantiated claims of cruelty could not justify divorce, emphasizing his failure to provide for his wife and child, thus reversing the lower court's decre....
Cruelty, including doubts on chastity and physical assault, constitutes valid grounds for divorce under the Hindu Marriage Act, recognizing the irretrievable breakdown of marriage.
Parents are obligated to support their children's educational and marriage expenses based on reasonable needs and financial capacity.
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