Back
RAVI NATH TILHARI, NYAPATHY VIJAY
Hanchate Suresh Babu – Appellant
Versus
Hanchate Latha Bhai – Respondent
JUDGMENT :
RAVI NATH TILHARI, J :
Heard Smt. Sodum Anvesha, learned Counsel representing Sri Murali Krishna for the appellant (husband) and Sri Sandhya Deepthi Maddala, learned Counsel appearing for the respondent.
2. This appeal under Section 28 of the HINDU MARRIAGE ACT , 1955 (for short, "the H.M. Act") has been filed by the husband challenging the dismissal of petition for divorce vide judgment dated 16.06.2010, passed in OP No.28 of 2007 on the file of Court of Senior Civil Judge, Proddatur, (in short, the Trial Court) filed by the petitioner-husband. OP was filed under Section 13(1) of the H.M. Act on the ground of desertion and mental cruelty.
3. Henceforth, parties shall be referred as arrayed in OP.
4. The case of the petitioner (husband) was that the marriage with the respondent had taken place on 17.08.1994 at Sri Ramana Maharshi Asramam, Tadipatri as per Hindu Rites and customs. They lived happily for six months and thereafter the dispute arose. The wife left the matrimonial home and went to her parents house against the wish and will of the husband. Later on panchayat was held but again they started living together. A son and a daughter namely Pavan Sai and Aparna respectiv
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.
A dead marriage must be given a decent quietus.
The husband's claims of cruelty were insufficient to establish grounds for divorce, leading the court to grant judicial separation instead, recognizing the potential for reconciliation.
Cruelty as a ground for divorce under the Hindu Marriage Act requires substantial proof, which was not established in this case.
Cruelty and desertion must be proven with specific evidence; irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act.
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.
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
