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MANGESH S. PATIL, S. G. CHAPALGAONKAR
Govind – Appellant
Versus
Poonam – Respondent
JUDGMENT
S.G. Chapalgaonkar, J. - The present appeals are filed under Section 19 of the Family Courts Act thereby taking exception to the common Judgment and decrees dated 30-03-2021 passed by family court Ahmednagar in Petition No. A-120 / 2018 and Petition No. A-22 / 2019. The appellant is the husband in both the appeals. (Hereafter husband is referred to as "the appellant" and the wife is referred to as "the respondent" for the sake of brevity).
2. The respondent / wife filed Petition No. A-120 / 2018 seeking decree of divorce u/s 13 (1) (i-a) & (i-b) of Hindu Marriage Act, 1955 whereas Appellant / Husband filed Petition No. A-22 / 2019 for grant of decree of restitution of conjugal rights u/s 9 of Hindu Marriage Act, 1955. The Family Court allowed petition granted the decree of divorce on both grounds of cruelty as well as desertion. However, petition for restitution of conjugal rights is dismissed.
3. The respondent pleaded in her petition that, marriage was solemnized on 19-02-2016 as per the Hindu rites and rituals. After marriage, the respondent started co-habitation with the appellant. However, the appellant and his family members began ill-treating her. She was insulted for
The main legal point established in the judgment is the court's interpretation of 'cruelty' under Section 13 (1) (i-a) and 'desertion' under Section 13 (1) (i-b) of the Hindu Marriage Act, 1955, and ....
The main legal point established in the judgment is that the evidence of cruelty and desertion must be substantial to grant a decree of divorce. The sincerity of efforts to preserve the marriage can ....
The court clarified that normal marital disagreements do not constitute cruelty and emphasized the need for clear evidence to prove desertion.
Trivial disputes between spouses do not constitute cruelty under the Hindu Marriage Act, and the burden of proof lies on the party alleging such cruelty.
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....
The main legal point established in the judgment is the definition and establishment of desertion under the Hindu Marriage Act, 1955. The court emphasized the intentional permanent forsaking and aban....
The main legal point established in the judgment is that to prove cruelty for divorce under the Hindu Marriage Act, instances of cruelty must be established with specific reference to date, time, pla....
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