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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
JAYANT BANERJI, K.V.ARAVIND
Sumangala, D/o. Venkatesh Dixit – Appellant
Versus
Sandeep Anand Jambli, S/o. Anand Venkat Rao Jambli – Respondent
JUDGMENT :
K. V. ARAVIND, J.
1. Heard Sri. Raja Subrahmanya Bhat B., learned counsel for the appellant and Sri. Ramesh P. Kulkarni, learned counsel for the respondent.
2. These appeals arise out of a matrimonial dispute and issues relating to child custody between the same parties. As common questions are involved and learned counsel for both sides have advanced common arguments, the appeals are taken up together and are disposed of by this common order.
3. The parties are referred to as per their ranks in M.C.No.5066/2016 for convenience.
4. The husband instituted M.C. No.5066/2016 on 16.11.2016 before the VI Additional Principal Family Court, Bengaluru, the [Family Court], seeking dissolution of marriage under Sections 13 (1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955, the [1955 Act] The Family Court granted a decree of divorce, and also awarded interim maintenance of Rs.5,000/- per month payable to the respondent-wife from 29.03.2018 till the date of the impugned order. While considering the respondent’s application under Section 25 of the 1955 Act, the Family Court further directed payment of monthly maintenance of Rs.20,000/- from the date of the impugned judgment until
Courts uphold divorce on evidence of cruelty under the Hindu Marriage Act; custody decisions hinge on parental conduct and child welfare.
The court emphasized that allegations of cruelty must be substantiated with convincing evidence, highlighting the burden of proof lies with the alleging party.
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 court emphasized the need to prove cruelty and desertion in divorce cases, considering the financial and emotional circumstances of the parties.
Courts may grant divorce on the grounds of cruelty and desertion, considering the irretrievable breakdown of marriage as valid grounds, particularly when one party expresses a desire to live separate....
Cruelty, either mental or physical, can justify a decree of divorce under the Hindu Marriage Act if it causes suffering that prevents a spouse from continuing together.
Point of Law : It is settled that maintenance laws have been enacted as a measure of social justice to provide recourse to dependent wife and children for their financial support; so as to prevent th....
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