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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Navin Kumar Rai @ Nabin Kumar Roy – Appellant
Versus
Sudha Rai – Respondent
Alok Kumar Pandey, J.—The present miscellaneous appeal has been directed against the judgment dated 19.01.2018 and decree dated 25.01.2018 passed by the Principal Judge, Family Court, Darbhanga in Matrimonial Case No. 10 of 2009 whereby the learned Principal Judge, Family Court, Darbhanga passed the decree of judicial separation under Section 10 of the Hindu Marriage Act against the divorce petition filed under Section 13 of the Hindu Marriage Act, 1955 and directed for payment of additional maintenance allowance of Rs. 5,000/- per month over and above the maintenance allowance of Rs. 25,000/- per month already being paid by the appellant-husband to the respondent-wife.
2. Briefly stated the fact of the appellant's case is that the appellant and respondent solemnized the marriage on 06.05.2001 in Mohalla-Mishratola, Town P.S., District- Darbhanga as per Hindu rites and customs. It is further averred that after marriage both parties came to Darbhanga, residence of the appellant from where on 13.05.2001 both parties went to Chandigarh where the appellant was working as Assistant Manager, NABARD. It is further averred that respondent stayed with the appellant at Chandigarh for about th
(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....
Trivial marital conflicts do not equate to legal cruelty; however, persistent destructive behavior affecting a spouse’s mental well-being can justify divorce under Section 13(1)(ia) of the Hindu Marr....
Cruelty, either mental or physical, can justify a decree of divorce under the Hindu Marriage Act if it causes suffering that prevents a spouse from continuing together.
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....
Mental cruelty can be inferred from a spouse's persistent refusal to cohabit and disrespectful behavior, justifying divorce under the Hindu Marriage Act.
Cruelty in matrimonial law encompasses both physical and mental aspects, with the latter requiring a cumulative assessment of conduct that causes reasonable apprehension of harm to the aggrieved spou....
Conduct constituting unfounded accusations can constitute mental cruelty and justify divorce when the marriage is irretrievably broken.
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