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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.BAJANTHRI, ACJ., S.B.PD.SINGH
Arpana Kumari, wife of Shyam Kishore Kumar, daughter of Dharmendra Kumar – Appellant
Versus
Shyam Kishore Kumar, son of Bahadur Tanti – Respondent
| Table of Content |
|---|
| 1. dissolution of marriage based on desertion and cruelty. (Para 2 , 3 , 4) |
| 2. parties' arguments concerning grounds for divorce. (Para 6 , 7 , 8 , 9 , 10) |
| 3. definition and scope of mental cruelty. (Para 13 , 14 , 22) |
| 4. final decree on divorce and permanent alimony. (Para 21 , 35 , 36) |
| 5. guidelines for determining permanent alimony. (Para 24 , 26) |
JUDGMENT :
S. B. PD. SINGH, J.
1. Heard the parties.
2. The appellant-wife (Arpana Kumari) has come up in this appeal against judgment and decree dated 01.08.2022 passed by the learned Principal Judge, Family Court, Patna in Matrimonial Case No. 1298 of 2017, whereby the petition filed by the respondent-husband (Shyam Kishore Kumar) under Section 13 (1)(i-a) of the Hindu Marriage Act, 1955 (in short 'the 1955 Act') seeking dissolution of marriage by a decree of divorce, has been allowed and divorce stands granted.
3. Succinctly, the marriage of appellant- Arpana Kumari was solemnized with respondent- Shyam Kishore Kumar on 11th January, 2016 as per Hindu rites and ceremonies. The marriage was never consummated since the appellant always denied to cohabit with the respondent.
4. The pleaded case of respondent-husband in his petiti
The refusal to cohabit and unilateral abandonment constitute grounds for divorce under the Hindu Marriage Act, qualifying as mental cruelty.
The court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
Mental cruelty justifies divorce; unilateral refusal of cohabitation and long-term separation erode marital obligations under Hindu Marriage Act.
(1) Divorce – Irretrievable breakdown of marriage may not be a ground for dissolution of marriage, under Hindu Marriage Act, but it is a ground for dissolution of marriage under Section 13(1)(1a) of ....
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.
Divorce is granted based on the irretrievable breakdown of marriage, and permanent alimony is awarded factoring in the financial capacities of the parties.
The court held that a marriage can be annulled under Section 12(1)(C) of the Hindu Marriage Act if obtained through fraud, particularly when one spouse conceals crucial facts such as prior relationsh....
Prolonged separation over 20 years establishes irretrievable breakdown (dead wood marriage), warranting divorce; permanent alimony of Rs.50 lakhs fixed balancing husband's finances and wife's/daughte....
The court determined that mental cruelty and prolonged separation are legitimate grounds for divorce under the Hindu Marriage Act.
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