Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Bom) 1604

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Shree Chandrashekhar, CJ, Gautam A. Ankhad, J.
Yogendra Lahu Bhoir - Appellant
Versus
Mrs. Prema Yogendra Bhoir - Respondent
Family Court Appeal No.137 of 2019, Interim Application No.15192 of 2024
Decided On : 14-11-2025

Advocates Appeared:
For the Appellant : Ms. Divya A. Pawar with Mr. Krishnakant Deshmukh, adv.
For the Respondent:Ms. Lucy Massey with Ms. Aarti R. Dharamsey, Advocates

Cruelty, as defined under the Hindu Marriage Act, allows for divorce when prolonged separation and mutual hostility inflict emotional pain, rendering cohabitation intolerable.

Headnote:(A) Hindu Marriage Act, 1955 - Section 13(1)(i-a) - Divorce proceedings - Appeal against dismissal of divorce petition based on grounds of cruelty and desertion - Long separation since 2012; multiple litigations ongoing - Respondent's failure to provide evidence substantiating her defense; the appeal is allowed setting aside trial court’s dismissal; marriage dissolved. (Paras 5, 11, 12, 29)

(B) Perjury - Submission of false affidavit by appellant regarding remarriage; judicial integrity requires candor in proceedings. (Paras 3, 4)

(C) Principle of cruelty in marriage - Cruelty may be physical or mental; long separation constitutes ground for divorce as it inflicts mutual agony. (Paras 10, 20, 28)

(D) Final settlement - Directives for transfer of assets and payment as part of dissolution. (Paras 13, 14)

Table of Content
1. factual background of marriage and litigation. (Para 1 , 2)
2. details of ongoing litigation and court orders. (Para 3 , 4)
3. arguments of both parties regarding divorce. (Para 5 , 6)
4. court's analysis of cruelty in marriage. (Para 7 , 8 , 9 , 10)
5. review of trial court findings and evidence. (Para 11 , 12 , 13)
6. legal standards for granting divorce under cruelty. (Para 14)

JUDGMENT :

GAUTAM A. ANKHAD, J.

This is an unfortunate litigation that has lasted for more than a decade. The appellant’s petition seeking divorce and dissolution of his marriage on the ground under Section 13 (1) (i-a) of the HINDU MARRIAGE ACT , 1955 has been dismissed by the judgment dated 15^th May 2019 passed by the Family Court. He has impugned the same in this appeal.

2. Before we deal with the issues in this appeal, to give a complete perspective for the order we propose to pass, some facts and events that have transpired before the filing of this appeal are stated as under:

(a) The marriage between the appellant and the respondent was solemnized on 10^th May 2006. On 18^th June 2007, the parties were blessed with a son, Harsh Bhoir, who has now attained the age of majority.

(b) From 2008 onwards, marital discord began between the parties. There were several allegations and counter- allegations. On 2^nd September 2012, the respondent left the matrimonial home and since then, the parties have been residing separately.

(i) On 24^th June 2013, the appellant filed a divorce petition before the Family Court, Thane.

(ii) On 24^th March 2014, the respondent filed a petition for restitution of conjugal rights, i.e, Marriage Petn/600287/2014 before the Joint Civil Judge, Senior Division, Kalyan.

(iii) On 26^th March 2015, the respondent filed Criminal Miscellaneous Application being Cri. M.A./1000056/2015 for maintenance before the 7^th Joint Civil Judge, Junior Division and Judicial Magistrate First Class, Ulhasnagar.

(iv) On 16^th November 2016, the respondent filed S.C.C./5720 of 2016 before the 4^th Joint Civil Judge, Junior Division and Judicial Magistrate First Class, Thane.

(v) On 14^th October 2019, the respondent initiated proceedings under the Protection of Women From Domestic Violence Act, 2005 before 3^rd Joint Civil Judge, Junior Division and Judicial Magistrate First Class, Thane, being PWDVA APPLN/400/2019.

(vi) On 1^st November 2019, the respondent filed R.C.C./2652/2019 before 4^th Joint Civil Judge and Judicial Magistrate, First Class, Thane pursuant to FIR registered under sections 323, 354 & 34 of the Indian Penal Code, 1860.

(vii) On 13^th January 2021, the respondent filed R.C.C./58/2021 (Bigamy) before the 7^th Joint Civil Judge, Junior Division and Judicial Magistrate First Class, Ulhasnagar.

(viii) On 25^th September 2023, the respondent filed R.C.C./1360/2023 before the 7^th Joint Civil Judge, Junior Division and Judicial Magistrate First Class, Ulhasnagar;

(ix) On 16^th July 2024, the respondent filed an application for enhancement of maintenance being Cri.M.A./58/2004 before 7^th Joint Civil Judge, Junior Division and Judicial Magistrate First Class, Ulhasnagar.

(x) On 12^th June 2024, the respondent filed Cri. M.A./46/2024 (Maintenance Recovery in 1000056/2015) before 7^th Joint Civil Judge, Junior Division and Judicial Magistrate First Class, Ulhasnagar;

(xi) On 27^th January 2025, the respondent filed Cri.M.A./537/2025 before 6^th Joint Civil Judge, Junior Division and Judicial Magistrate First Class, Thane.

(d) The divorce petition was dismissed on 15^th May 2019, and the said judgment is impugned in the present appeal. After the filing of this appeal on 28^th June 2019, the respondent’s petition for restitution of conjugal rights was dismissed on 10^th March 2023. The respondent’s appeal against that order is presently pending. Further, the respondent’s application for maintenance was partly allowed, and the challenge thereto is pending before the Kalyan Court. The res