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P. B. BAJANTHRI, S. B. PD. SINGH
Praveen Kumar Choudhary – Appellant
Versus
Archana Choudhary – 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 27.04.2016 passed by learned Principal Judge, Family Court, Hajipur, Vaishali in Divorce Case No. 33/2013/24/2010, whereby the matrimonial suit, preferred by the appellant, for a decree of divorce, on 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 was solemnized with respondent No.1 Archana Chaudhary on 09.03.2008. After marriage, the appellant and respondent No. 1 started living a happy married life in Village-Chahuta (Bandhopatti) but after few months, the behaviour of respondent no. 1 towards the appellant-husband and other in-laws became changed and she started using abusive and filthy languages against her in-laws and the appellant. When the appellant requested the respondent No. 1 to mend her behavior, she threatened to commit suicide or she would administer poison to him. In July, 2008, respondent No. 2 (father of respondent No. 1) came to the house of the appella
The court emphasized that cruelty must be substantial enough to justify divorce, reaffirming that minor disputes do not legally constitute cruelty under the Hindu Marriage Act.
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....
Cruelty is a sufficient ground for divorce under the Hindu Marriage Act, and a finding of cruelty necessitates the granting of a divorce, independent of other grounds such as desertion.
Cruelty in matrimonial law encompasses behavior causing significant emotional distress, and long-term separation without cohabitation can establish grounds for divorce under the Hindu Marriage Act.
A dead marriage must be given a decent quietus.
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