RAVI NATH TILHARI, NYAPATHY VIJAY
Gunapu Jayamma, W/o. Dharma Rao – Appellant
Versus
Gunapu Dharma Rao, S/o. Bullibabu – Respondent
JUDGMENT :
(Ravi Nath Tilhari, J.)
1. This appeal under Section 28 of Hindu Marriage Act, 1955 (for short, “the H.M.Act” has been filed by the wife challenging the decree of divorce dated 08.03.2006, passed in M.O.P.No.25 of 2004 on the file of Court of Senior Civil Judge, Rajam, Srikakulam (in short, the Trial Court) filed by the respondent-husband. M.O.P was filed under Section 13(1) of the H.M.Act on the ground of cruelty.
2. Heard Sri A. Ravi Shankar, learned counsel for the appellant (wife).
3. None appeared for the respondent (husband) in appeal.
4. Henceforth, parties shall be referred as arrayed in M.O.P.
5. The case of the petitioner (husband) was that the marriage was solemnized on 25.06.1994 as per the caste, custom and Sastric riots. After marriage, the respondent joined the petitioner for conjugal rights. They were living jointly. However, after six months, the disputes arose. Out of the wedlock children were born. However, the behaviour of the wife was not good and she meted the petitioner with cruelty on one or the other ground to cause intentional harassment. One incident dated 23.07.2004 the husband has pleaded, that intentionally the respondent poured boiled cattle
Sirajmohmedkhan Janmohamadkhan v. Hafizunnisa Yasinkhan (1981) 4 SCC 250 : 1981 SCC (Cri) 829
Shobha Rani v. Madhukar Reddi (1988) 1 SCC 105 : 1988 SCC (Cri) 60
Parveen Mehta v. Inderjit Mehta (2002) 5 SCC 706
Cruelty under the Hindu Marriage Act encompasses both physical and mental aspects, assessed on a preponderance of evidence standard.
(1) Divorce – A marriage which is dead for all purposes cannot be revived by court’s verdict if parties are not willing.(2) Burden of Proof – Proceedings under Hindu Marriage Act, 1955 are essentiall....
Cruelty in matrimonial law encompasses both physical and mental aspects, with the impact on the aggrieved spouse being crucial for determining divorce.
Cruelty in matrimonial law is subjective and must be assessed based on its impact on the aggrieved spouse, rather than rigid standards or expectations.
Cruelty in matrimonial law is assessed based on its impact on the aggrieved spouse, requiring a subjective evaluation of circumstances rather than a mere objective standard.
Cruelty in matrimonial law encompasses both physical and mental aspects, with the latter requiring a cumulative assessment of conduct that causes reasonable apprehension of harm to the aggrieved spou....
Cruelty as a ground for divorce under the Hindu Marriage Act requires substantial proof, which was not established in this case.
The court established that wrongful criminal allegations can constitute mental cruelty justifying a divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Divorce – Cruelty may be mental or physical – It may be intentional or unintentional – It is a matter of inference to be drawn by considering nature of conduct and its effect on complaining spouse.
Long separation can amount to legal cruelty under the Hindu Marriage Act, justifying the dissolution of marriage.
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