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VINAY JOSHI, VALMIKI SA MENEZES
Harish @ Roshan Bhaskar Karnewar – Appellant
Versus
Leelavati @ Reena – Respondent
JUDGMENT
Valmiki Sa Menezes, J.
By these Family Court Appeals, the appellant Harish @ Roshan Bhaskar Karnewar,the original petitioner FCA--19-2017-FINAL.doc in a petition for dissolution of marriage by decree of divorce bearing Petition No.A-562/2013, and respondent in Family Petition No.A-697/2013, assails common judgment dated 02/12/2016 passed by the Family Court at Nagpur. Petition No.A-697/2013 has been filed by petitioner's wife Ms. Leelavati @ Reena Karnewar for restitution of conjugal rights; Ms. Leelavati is the respondent in Family Petition No.A-697/2013. For the purpose of these appeals, the parties are being referred to by their original nomenclature "petitioner" (Husband - Harish) and respondent (Wife - Leelavati).
2. The petitioner instituted a plaint (Petition No.A- 562/2013) against the respondent under Section 13(1)(i-a) and under Section 13(1)(iii) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") to obtain a decree of divorce mainly on the ground that the respondent had threatened him to commit suicide and her behaviour was abnormal, leading to a break down in their marriage due to mental torture and cruelty suffered by the FCA--19-2017-FINAL.do
Marriage under Hindu law is not voidable based on misrepresentation of health unless consent was not given freely; real consent is paramount.
Insufficient evidence of mental disorder or cruelty fails to establish grounds for divorce under the Hindu Marriage Act.
The main legal point established in the judgment is that concealment of material information before marriage, leading to mental agony and torture, constitutes cruelty under Section 13(1)(ia) of the H....
Point of law :Dissolution of marriage - Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair. The marriage becomes a fict....
Point of Law : Once parties have separated and the separation has continued for a sufficient length of time and one of them has presented a petition for divorce, it can well be presumed that marriage....
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