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ALOK ARADHE, VIJAYKUMAR A. PATIL
B. G. Krishnareddy – Appellant
Versus
H. N. Bharathi – Respondent
JUDGMENT :
(Alok Aradhe, J.)
This appeal under Section 19(1) of the FAMILY COURTS ACT , 1984 has been filed against the judgment and decree dated 19.07.2015 passed by the Family Court, by which petition filed by the appellant seeking dissolution of marriage on the ground of cruelty has been dismissed.
2. Facts giving rise to filing of this appeal briefly stated that the marriage between the parties was performed on 05.03.1995 in Bangalore. After the marriage, the respondent joined the matrimonial home and parties lived together for a period of one year at Devarabisanahalli and later on lived at Agara in a rented accommodation. It is not in dispute that a daughter and son was born to the parties and presently the son is aged about 21 years, whereas, the daughter is aged about 22 years. The appellant filed a petition on or about 21.03.2011 seeking dissolution of marriage on the ground of cruelty. In the petition, it was pleaded that on 05.08.2004, when the appellant was taking bath, the respondent started quarrelling with him and bet the appellant with 'lattagi' (stick) on the left arm. It was pleaded that the appellant sustained internal injury and received treatment from the Doctor.
In cases of matrimonial disputes pertaining to cruelty, parties are required to describe the measure and standard of cruelty and provide cogent evidence.
An irretrievable breakdown of marriage is not a ground for divorce under Sec. 13 of the Hindu Marriage Act, 1955, and the marriage cannot be dissolved solely based on the parties living separately fo....
Point of law: Family Court erred in not considering the matter on its merits as appellant has specifically pleaded grounds of cruelty and the same are proved in evidence
Point of law: If a party abstains from entering the witness box, it would give rise to an inference adverse against Him.
The court found that general allegations of cruelty without specific evidence do not justify the dissolution of marriage, emphasizing the need for substantial proof of mental or physical cruelty.
The main legal point established in the judgment is that the existence of mental cruelty as a ground for divorce under Section 10 of the Indian Divorce Act, 1869, should be determined based on the pr....
Cruelty – Family Court has erred in recording finding that despite judgment in petition filed by respondent for restitution of conjugal rights, appellant has failed to join company of respondent and ....
The main legal point established in the judgment is the interpretation of cruelty in the context of marital relationships, including the impact of mental cruelty, adultery, and false allegations on t....
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