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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G. S. KULKARNI, ADVAIT M. SETHNA, JJ.
Vaibhavi Rajendra Chalke – Appellant
Versus
Rajendra Ganpat Chalke – Respondent
JUDGMENT :
(Per G.S. Kulkarni, J.)
1. This Family Court Appeal is directed against the judgment and decree dated 5 March, 2018 passed by the learned Judge, Family Court, Thane in Petition No. A-22/2012 whereby the decree of divorce filed by the respondent- husband on the ground of cruelty came to be allowed in terms of the following order:
“ORDER
“1. The petition is allowed.
2. The marriage between Rajendra (petitioner/husband) and Vaibhavi (respondent/wife) which was solemnized on 02.03.2006, is hereby dissolved by decree of divorce w.e.f. the date of decree.
3. The respondent shall bear her own costs and shall pay the costs of petitioner.
4. Copy of judgment be given free of costs to both the parties as per Sec.23(4) of the Hindu Marriage Act, 1955.
5. Decree be drawn accordingly.”
2. At the outset, we may observe that the present appeal which today is listed for admission, although was filed on 1 August, 2018. There was no stay to the impugned judgment and decree by which the marriage between the parties have been annulled. It is informed by learned counsel for the appellant that in the meantime, the respondent has remarried. The appellant is also aware and conscious of the respondent ha
False criminal complaints by a spouse constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, justifying divorce.
The court established that wrongful criminal allegations can constitute mental cruelty justifying a divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
False allegations and harassment by a spouse can result in mental cruelty, justifying divorce under the Hindu Marriage Act.
Filing a false complaint by a spouse and the subsequent acquittal in a criminal case can constitute cruelty as per Section 13(1)(i-a) of the Hindu Marriage Act, leading to the grant of a decree of di....
The main legal point established is that prolonged separation, false accusations, and reluctance for sexual relations can constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
Filing of false cases by a spouse amounts to cruelty and can be a ground for divorce. Irretrievable breakdown of marriage, though not a ground under the statute, has been recognized by the Supreme Co....
The court upheld the dissolution of marriage based on established grounds of cruelty and desertion, emphasizing the irretrievable breakdown of the marital relationship.
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