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P. B. BAJANTHRI, S. B. PD. SINGH
Nilu Kumari – Appellant
Versus
Sanjay Kumar – Respondent
S. B. Pd. Singh, J.—Heard the parties.
2. The appellant has come up in this appeal against judgment and decree dated 20.02.2018 passed by the learned Principal Judge, Family Court, Vaishali at Hajipur in Divorce Case No. 247 of 2013, whereby the petition filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (in short 'the 1955 Act') seeking dissolution of marriage by a decree of divorce, has been allowed.
3. The pleaded case of the respondent in his petition under Section 13 of the Hindu Marriage Act, 1955 is that the marriage of the appellant was solemnized with the respondent on 20.11.2011 according to the Hindu Rights and Customs. The marriage was consummated and a female-child was born out of the wedlock on 03.11.2012. Sometimes after the marriage, the appellant started pressurizing the respondent to live separately from his old parents. The appellant used to abuse filthy languages against her parents-in-law. She also used to behave cruelly with her husband (respondent) and tried to malign the prestige of the family of the respondent. After marriage, the appellant never took the responsibility as a wife and old mother of the respondent used to cook food for the
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 right to procedural fairness mandates that all parties must be given adequate opportunity to present their case in legal proceedings.
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....
Persistent insistence on separate residence without justifiable reason constitutes an act of cruelty, and filing of false complaints and prolonged deprivation of conjugal rights can lead to mental cr....
Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.
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.
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