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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Shweta Singh, Wife of Pranav Kumar – Appellant
Versus
Pranav Kumar Singh, Son of Ganesh Singh – Respondent
JUDGMENT :
(Alok Kumar Pandey, J.)
The present appeal has been directed against the impugned Judgment dated 01.05.2023 and decree dated 09.05.2023 passed by the learned Additional Principal Judge, Family Court, Patna in Matrimonial (Divorce) Case No. 04 of 2018 whereby and whereunder the matrimonial case filed by the appellant for grant of decree of divorce has been rejected.
2. Briefly stated the fact of appellant’s case is that appellant filed divorce petition on 03.01.2018 under Section 13(A) of Hindu Marriage Act. The relevant facts are being projected on the basis of divorce petition wherein it is asserted by the appellant that marriage of appellant was solemnized with respondent on 30.11.2024 according to Hindu rites and rituals at House No. 33, Kidwaipuri, P.S. Kotwali, District Patna and it is averred that gifts like 12 gram gold, 500 gram silver, television, fridge, washing machine, other necessary articles and ten lakh rupees were given to respondent at the time of marriage. It is claimed that on 01.12.2014 the appellant came to her husband's house situated at village-Jogiara, P.S.-Jale, District Darbhanga. It is further claimed that respondent started demanding more dowry
The court established that in divorce proceedings under the Hindu Marriage Act, the absence of the respondent and credible allegations of cruelty justify the dissolution of marriage, applying a stand....
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....
To establish grounds for divorce under the Hindu Marriage Act, the conduct must amount to grave and weighty cruelty, which impacts the ability to continue marital life; ordinary disputes do not suffi....
The court affirmed that the evidence of persistent cruelty justified the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, establishing a clear breakdown of the marital relat....
The main legal point established in the judgment is that mental cruelty in matrimonial matters must be of such a nature that the parties cannot reasonably be expected to live together, and the intent....
(1) Cruelty may be mental or physical, intentional or unintentional – A dead marriage must be given a decent quietus.(2) A marriage which has broken down irretrievably, spells cruelty to both parties....
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