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IN THE HIGH COURT OF ANDHRA PRADESH
RAVI NATH TILHARI, CHALLA GUNARANJAN, JJ
Sanka Anil Kumar – Appellant
Versus
Sanka Sruthi @ Sujatha – Respondent
| Table of Content |
|---|
| 1. marriage and divorce petition details (Para 2 , 3) |
| 2. appellant's denial of allegations (Para 4) |
| 3. trial court's findings on mental cruelty (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 4. court's reasoning on mental cruelty (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53) |
| 5. court's decision on appeal (Para 54 , 55 , 56) |
JUDGMENT:
Ravi Nath Tilhari, J.
Heard Sri Sanka Anil Kumar, appellant, appearing in person through virtual mode, Smt. Nimmagadda Revathi, learned amicus curiae, and Ms. Taddi Sowmya Naidu, learned counsel for the respondent.
2. The appellant and the respondent-Sanka Sruthi @ Sujatha were married on 31.10.2020 as per the Hindu customs and rites.
3. The H.M.O.P.No.35 of 2022 was filed by the respondent-wife seeking decree of divorce under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 by dissolving her marriage with the appellant dated 31.10.2020. The case set up was that the marriage was not consummated. The appellant did not have any interest to lead conjugal life, for no reasons. The respondent went to
Remarriage during the appeal period does not invalidate the marriage but is subject to the outcome of the appeal against the divorce decree.
Long separation can amount to legal cruelty under the Hindu Marriage Act, justifying the dissolution of marriage.
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....
Long separation between spouses can constitute mental cruelty, justifying divorce in cases where marriage has become unworkable.
A dead marriage must be given a decent quietus.
Cruelty in matrimonial law encompasses behavior causing significant emotional distress, and long-term separation without cohabitation can establish grounds for divorce under the Hindu Marriage Act.
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.
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