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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
S.G.PANDIT, GEETHA K.B.
Bhumika W/o Babaji Kawalekar – Appellant
Versus
Babaji S/o Shivaji Kawalekar – Respondent
| Table of Content |
|---|
| 1. jurisdiction for divorce appeal (Para 1 , 2 , 3) |
| 2. allegations of cruelty and desertion (Para 4 , 6 , 10 , 18) |
| 3. points for consideration of appeal (Para 11 , 12 , 13) |
| 4. criteria for establishing desertion (Para 14 , 15 , 16 , 20) |
| 5. irretrievable breakdown of marriage's implication (Para 22 , 23) |
| 6. dissolution of marriage on the ground of desertion (Para 24) |
JUDGMENT :
GEETHA K.B., J.
1. This is the appeal filed under Section 19 (1) of the Family Courts Act, by the appellant to set aside the judgment passed in M.C.No.102/2021, dated 09.11.2022, on the file of Principal Judge, Family Court, Belagavi and to grant decree of divorce against her husband/respondent.
2. Parties would be referred with their ranks as they were before the trial Court, for the sake of convenience and clarity.
3. The petitioner has filed petition under Section 13 (1)(ia) and (ib) of the Hindu Marriage Act, 1955 (for short, the Act, 1955) praying for dissolution of her marriage, which was solemnized on 27.05.2013 at Jalgar Maruti Mangal Karyalaya, Chavat Galli, Belagavi, with respondent.
4. The case of petitioner in a nutshell is that, after marriage, she lived happily for six months with respond
Irretrievable breakdown of marriage in conjunction with established desertion fulfills grounds for divorce under the Hindu Marriage Act, despite absence of independent evidence of cruelty.
Desertion is not the withdrawal from a place but from a state of things.
The main legal point established in the judgment is the requirement for specific and substantiated instances of cruelty and desertion to support claims under Section 13(1)(ia) (ib) of the Hindu Marri....
Divorce – Deserted spouse must prove that there is a factum of separation and there is an intention on part of deserting spouse to bring cohabitation to a permanent end – Every matrimonial dispute is....
The court established that mental cruelty and desertion were proven through unrefuted evidence, justifying the dissolution of marriage under Hindu Marriage Act, 1955.
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....
The main legal point established in the judgment is that in cases of divorce based on cruelty and desertion, the court will carefully consider the evidence and material available on record to determi....
The main legal point established in the judgment is the requirement for fulfilling the mandatory period for desertion and the need for specific instances of cruelty to grant a divorce.
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