Back
SURYA KANT, JOYMALYA BAGCHI
Anita – Appellant
Versus
Indresh Gopal Kohli – Respondent
ORDER :
1. Leave granted.
2. The appellant (wife) is aggrieved by the judgment dated 20.09.2019 passed by a Division Bench of the High Court of Uttarakhand at Nainital, whereby appeal of the respondent (husband) was allowed, his petition filed under Section 13 of the Hindu Marriage Act, 1955 (for short, the “Act”) was accepted, and the marriage between the parties was dissolved by way of a decree of divorce on the ground of cruelty.
3. The parties got married on 20.05.2009. A male child was born from wedlock on 07.03.2010. Unfortunately, the parties, on account of marital discord, started contesting litigation soon thereafter, with the respondent filing Civil Suit No.59/2010 seeking divorce on the ground of cruelty. The said petition was, however, withdrawn by him. Soon thereafter, the respondent filed a second case in 2013 seeking divorce under Section 13(1)(i)(b) of the Act, i.e., on the grounds of desertion. The appellant contested that case. The trial court dismissed the divorce petition on 15.02.2018. The aggrieved respondent preferred first appeal, which has been allowed by the High Court vide the impugned judgment.
4. The High Court has granted divorce primarily on the strength
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
