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ALOK ARADHE, ANANT RAMANATH HEGDE
N Prasad – Appellant
Versus
G Bharathi – Respondent
| Table of Content |
|---|
| 1. factual background of marriage and disputes. (Para 3 , 4 , 5) |
| 2. wife's perspective on allegations and living situation. (Para 6 , 7 , 8 , 10) |
| 3. evidence presented in the family court. (Para 9 , 11 , 12) |
| 4. husband's arguments in appeal. (Para 15 , 18) |
| 5. court's analysis on cruelty and desertion. (Para 17 , 20 , 21) |
| 6. court's interpretation of relevant precedents. (Para 22 , 23 , 24) |
| 7. conclusion and order of the court. (Para 25 , 26 , 27) |
JUDGMENT :
Mr. Anant Ramanath Hegde, J. - In this appeal the husband/appellant is challenging the judgment and decree dated 25.07.2017 passed in M.C. No.40/2013 on the file of the Family Court at Bengaluru.
2. In terms of the aforementioned judgment and decree, the Family Court dismissed the husband's petition seeking dissolution of marriage under Section 13(1)(ia) and (ib) of the HINDU MARRIAGE ACT , 1955.
3. Certain facts necessary for the adjudication of the case can be summarized as under:
4. The parties were married on 29.4.1984. The husband has stated that there was no cordial relationship between the couple and the wife used to quarrel and irritate the petitioner stating he is not good looking and not a suitable match for her.
Conduct constituting unfounded accusations can constitute mental cruelty and justify divorce when the marriage is irretrievably broken.
The appeal court found the Family Court's dismissal of divorce due to cruelty and desertion to be perverse, establishing that the husband's behavior justified dissolution of marriage.
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