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RAVI NATH TILHARI, NYAPATHY VIJAY
Koppuravuri Srinivasa Rao – Appellant
Versus
Koppuravuri Venkata Savithri Devi – Respondent
JUDGMENT :
Nyapathy Vijay, J.
This Appeal is filed under Section 28 of the Hindu Marriage Act questioning the judgment and decree dated 06.11.2007 passed in HMOP.No.54 of 2005 on the file of Senior Civil Judge, Bhimavaram, West Godavari District.
2. The brief facts are as under:
Appellant is the Petitioner. As per the petition, the marriage between the Petitioner and Respondent was performed on 09.04.2000 as per Hindu Rites and Customs at Arya Vysya Kalyana Mandapam in Akividu Village and Mandal, West Godavari District. After the marriage, the Petitioner took the Respondent to Bhimavaram, where they lived together. About three months after the marriage, the Respondent became pregnant and parents of the Respondent took her to their house. The Respondent thereafter gave birth to a baby boy. Even after five months after the delivery, the Respondent did not join the marital life with the Petitioner even though the Petitioner was requesting the parents of the Respondent and Respondent for the same. After repeated requests, it was stated that a condition was put that the Petitioner should take a separate residence and accordingly, the Petitioner took a separate residence in Bhimavaram to liv
Long-term separation and lack of communication can constitute grounds for divorce under the Hindu Marriage Act, recognized as mental cruelty.
Desertion is not the withdrawal from a place but from a state of things.
The recognition of irretrievable breakdown of marriage as a ground for divorce under the Hindu Marriage Act, 1955, and the need for legislative action to amend the Act to incorporate this ground.
The court emphasized that allegations of cruelty and desertion must be substantiated with clear evidence, and unchallenged claims do not warrant dissolution of marriage.
The court established that mental cruelty and desertion were proven through unrefuted evidence, justifying the dissolution of marriage under Hindu Marriage Act, 1955.
Family and Personal Law - Seeking divorce - Ground of desertion - It is obligation of the court and all concerned that marriage status should, as far as possible, as long as possible and whenever pos....
Irretrievable breakdown of marriage in conjunction with established desertion fulfills grounds for divorce under the Hindu Marriage Act, despite absence of independent evidence of cruelty.
Long separation and absence of cohabitation constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, justifying divorce.
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