Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
SANJAY A.DESHMUKH
Chandrashekhar S/o Gangadhar Wankhede – Appellant
Versus
Vandana Chandrashekhar Wankhede – Respondent
| Table of Content |
|---|
| 1. details of marriage and allegations of cruelty. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments on desertion and evidence evaluation. (Para 10 , 12 , 13 , 14 , 15) |
| 3. court’s analysis of evidence and legal standards. (Para 11 , 16 , 18 , 19 , 20) |
| 4. finding on desertion not established. (Para 21) |
| 5. conclusion: appeal dismissed. (Para 22) |
JUDGMENT :
SANJAY A. DESHMUKH, J.
1. This appeal is preferred against the judgment and decree passed by the learned District Judge-2, Hinganghat, District Wardha in Regular Civil Appeal No.33 of 2018 dated 06.12.2021. The said appeal was preferred against the judgment and decree passed by the Civil Judge Senior Division, Hinganghat, Wardha in H.M.P. No.02 of 2017 (Old H.M.P. No.122 of 2012) dated 27.09.2018.
2. The case of appellant is as follows :
The appellant and the respondent got married on 21.07.2007 at Hinganghat as per the Hindu Customs and Rituals. They are blessed with daughter viz. Mansi. The appellant contended that, the respondent was not liking him as her husband and she was not interested in matrimonial relationship with him. Respondent did not behave properly. She was regularly visiting Nagpur for searching job. In the year
The burden of proving desertion lies with the appellant, which was not established due to a lack of credible evidence, leading to the dismissal of the appeal.
For desertion under the Hindu Marriage Act, both the absence of reasonable cause and the element of animus must be established; mere separation is insufficient to claim desertion.
The court established that mental cruelty and desertion were proven through unrefuted evidence, justifying the dissolution of marriage under Hindu Marriage Act, 1955.
The appeal court found the Family Court's dismissal of divorce due to cruelty and desertion to be perverse, establishing that the husband's behavior justified dissolution of marriage.
The main legal point established in the judgment is the requirement to prove mental cruelty and desertion in accordance with the legal principles outlined in the Hindu Marriage Act, 1955, and relevan....
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 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....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
