Back
ALOK ARADHE, J. M. KHAZI
Venkatesh Babu R. – Appellant
Versus
V. Tulasimala – Respondent
JUDGMENT
J.M.KHAZI,J. - This appeal filed by the husband under Sec. 19(1) of the Family Courts Act, 1984 challenging the impugned judgment and decree in M.C.No.1592/2005 dtd. 22/6/2015, by which the Family Court has granted a decree of divorce under Sec. 13(1) (i-a) of the Hindu Marriage Act, 1955.
2. For the sake of convenience the parties are referred to by their rank before the Family Court.
3. FACTS: Briefly stated the facts giving rise to filing of this appeal are that the marriage between petitioner and respondent was solemnized on 25/10/1998, at Sri. Lakshmi Venkateshwara Choultry, Attibele, as per the Hindu customs and rituals. Though in the beginning respondent looked after the petitioner with love and affection, later on he along with his parents started sending the petitioner fortnightly to get money for opening a Bar and Restaurant. He used to come home late in a drunken condition, quarrel and assault the petitioner. He was not satisfied with the fact that at the time of marriage, petitioner's parents gave gold jewels weighing 1 1/2 Kgs and cash of Rs.5,00,000.00 by way of dowry. He was also pestering her to get a motor cycle. During December 2000 assaulted petitioner wi
The main legal point established in the judgment is the interpretation and application of Sec. 13(1) (i-a) of the Hindu Marriage Act, 1955, in the context of physical and mental cruelty within a marr....
Persistent pressure from a spouse to separate from family constitutes mental cruelty justifying divorce.
Unsubstantiated allegations of extramarital affairs and dowry demands constitute mental cruelty under Section 13 (1)(ia) of the Hindu Marriage Act, warranting a decree of divorce.
Point of Law : Once parties have separated and the separation has continued for a sufficient length of time and one of them has presented a petition for divorce, it can well be presumed that marriage....
The judgment establishes the importance of corroborating evidence, such as medical records, in proving allegations of assault and cruelty. It also clarifies the impact of previous withdrawals and reu....
The main legal point established in the judgment is the application of the concept of mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and the consideration of irretrievable b....
Divorce – Making false allegations of illicit relationship against a spouse certainly amounts to cruelty.
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
