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P. B. BAJANTHRI, S. B. PD. SINGH
Raju Kumar – Appellant
Versus
Sushila Devi – Respondent
S. B. Pd. Singh, J.—Heard the parties.
2. The present appeal has been filed under Section 19(1) of the Family Court Act, 1984 impugning the judgment and decree dated 25.01.2016 passed by learned Principal Judge, Family Court, Jehanabad in Matrimonial Case No. 32 of 2013, whereby the matrimonial suit, preferred by the appellant, seeking dissolution of marriage on the ground of cruelty and desertion, has been dismissed.
3. The case of the appellant as per petition filed before the Family Court is that the marriage of the appellant with respondent was solemnized on 24.06.2002 as per Hindu Rights and Customs. After marriage, the respondent came to the house of appellant and lived together as husband and wife for two months. During stay at her matrimonial house, the behaviour of the respondent with her husband and other in-laws family members were not amicable during her stay, the respondent always misbehaved, humiliated and rebuked the appellant-husband in presence of his parents and relatives to lower down the reputation of the appellant. Ultimately, the respondent left her matrimonial house in the year 2009 with all her ornaments and since then she has been staying at her parental hous
Cruelty and desertion must be proven with specific evidence; irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act.
Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.
The institution of a false criminal complaint by a spouse can amount to mental cruelty upon the other spouse, and can be a ground for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
Divorce—Cohabitation between husband and wife is one of essential part of a marriage and not submitting by either spouse for relationship may be one of grounds of treating other spouse with cruelty—D....
The burden of proof lies with the appellant to establish claims of cruelty and desertion, which must be supported by credible evidence, and mere allegations without proof are insufficient for divorce....
The court found that general allegations of cruelty without specific evidence do not justify the dissolution of marriage, emphasizing the need for substantial proof of mental or physical cruelty.
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....
The court held that prolonged separation and actions causing mental anguish, including false accusations, constitute sufficient grounds for divorce under the Hindu Marriage Act.
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