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ALOK ARADHE, VIJAYKUMAR A. PATIL
G. Srinivas S/o Ganapathi – Appellant
Versus
S. Anuradha D/o D. Shivanandan – Respondent
JUDGMENT :
VIJAYKUMAR A. PATIL, J.
1. This appeal under Section 19(1) of the Family Courts Act, 1984, has been filed by the appellant/husband against the judgment and decree dated 30.07.2015 in M.C. No. 3032/2012 passed by the Principal Judge, Family Court, Bangalore, by which the petition filed under Section 13 of the Hindu Marriage Act, 1955 (for short ‘the Act’) seeking dissolution of marriage, has been dismissed.
2. Facts leading to filing of this appeal in a nutshell are that marriage between the parties was solemnized on 24.06.1991 at Bangalore as per Hindu rites and customs. Out of wedlock they were blessed with a baby girl. It was averred that the relationship between the appellant/husband and respondent/wife was cordial initially for about 2 to 3 years and thereafter, respondent/ wife started dominating, always used to quarrel and abuse the appellant/husband with filthy words. It was further averred that respondent/wife used to dislike the appellant’s relatives and tried to avoid all family functions. It was averred that approximately 23 times she quarreled with him and voluntarily left the matrimonial home without informing him and she is not willing to rejoin him. It was fu
The main legal point established in this judgment is that for a spouse to claim divorce on the ground of mental cruelty, the conduct of the other spouse must be such that it is not possible to contin....
Conduct constituting unfounded accusations can constitute mental cruelty and justify divorce when the marriage is irretrievably broken.
The court held that prolonged separation and actions causing mental anguish, including false accusations, constitute sufficient grounds for divorce under the Hindu Marriage Act.
The judgment establishes the grounds for divorce based on cruelty and desertion under the Hindu Marriage Act, 1955, and emphasizes the importance of evidence in proving these grounds.
The main legal point established in the judgment is the requirement for sustained reprehensible conduct, studied neglect, indifference, or total departure from the normal standard of conjugal kindnes....
Desertion does not imply only a separate residence and separate living. It is also necessary that there must be a determination to put an end to marital relation and cohabitation.
A marriage may be dissolved under the Hindu Marriage Act on grounds of cruelty and desertion when evidence shows a complete breakdown of the marital relationship, without any intention for reconcilia....
The main legal point established in the judgment is the proof of cruelty and desertion under Section 13 (1) (ia) & (ib) of the Hindu Marriage Act, 1955.
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