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ALOK ARADHE, ANANT RAMANATH HEGDE
Damodar Raju B. K. – Appellant
Versus
Saritha – Respondent
| Table of Content |
|---|
| 1. husband alleges cruelty and mental disorder. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. wife denies allegations and claims cruelty. (Para 11 , 12 , 13 , 14 , 16) |
| 3. analysis of evidence supporting cruelty. (Para 19 , 26 , 29) |
| 4. arguments presented regarding dissolution of marriage. (Para 20 , 21 , 22) |
| 5. mental disorder and evidence discussed. (Para 27 , 28 , 30) |
| 6. court allows dissolution on grounds of cruelty. (Para 37) |
| 7. final order regarding alimony and dissolution. (Para 39 , 40) |
ORDER :
Mr. Anant Ramanath Hegde, J. - These two appeals under section 19(1) of the FAMILY COURTS ACT , 1984 arise from the judgment and decree dated 23.8.2016 in M.C. No.2747/2007 clubbed with M.C. No.3231/2013 on the file of V Additional Family Court at Bengaluru. In terms of the impugned judgment and decree the Family Court has dismissed the husband's petition in M.C.No.2747/2007 seeking dissolution of marriage and allowed M.C.No.3231/2013 filed by the wife seeking restitution of conjugal rights.
2. In terms of the impugned judgment and decree dated 23.8.2016, the suit in O.S.No.200/2009 filed by the wife seeking partition and separate possession was also decided by the Family Court and the
False allegations made in legal proceedings can constitute mental cruelty, warranting divorce under the Hindu Marriage Act.
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 court held that the divorce petition lacked sufficient evidence of mental cruelty and desertion, and that the litigation initiated by the wife for the protection of her rights could not be consid....
Divorce on cruelty granted despite withdrawing unsoundness ground; admitted WhatsApp messages prove irrational conduct without S.65B certificate in family court; condonation requires voluntary resump....
The main legal point established in the judgment is that mental cruelty, as a ground for dissolution of marriage, need not cause injury to the petitioner's health, and it must be of such a nature tha....
A marital relationship that has lost all emotional bonding and revolves only around the legal tie of marriage amounts to mental cruelty, justifying divorce under Section 13 (1) (1a) of the Hindu Marr....
The court emphasized that the right of a woman to have reproductive choice is an inseparable part of her personal liberty as envisaged under Article 21 of the Constitution of India.
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