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SOUMEN SEN, AJOY KUMAR MUKHERJEE
Kishan Chandra Modak – Appellant
Versus
Smt. Ava Bhadra Modak – Respondent
JUDGMENT
Ajoy Kumar Mukherjee, J. - This first appeal is at the instance of a husband in a suit for divorce and is directed against the judgment and decree dated 21st December, 2012, passed by the learned District Judge, Purulia, in Matrimonial Suit No. 115 of 2011, thereby dismissing petitioner's/Appellant's prayer for dissolution of marriage. Being, dissatisfied, the husband /appellant has come up with the present appeal.
2. Appellant /husband filed Mat Suit No. 115/2011 in the court of the District Judge at Purulia for dissolution of marriage by a decree of divorce. The case made out by the petitioner in short is that parties married according to Hindu rities and customs on 01.12.2009. Few days after marriage respondent started various sorts of physical and mental torture upon the petitioner. The respondent used to leave the house of the petitioner voluntarily and used to go her parent's house regularly. Respondent had earlier love affair with some other person, which petitioner requested her to forget, but in vain. Petitioner noticed some days after marriage that in the midnight the respondent was talking over telephone secretly and later on petitioner came to learn that the resp
Unfounded baseless allegations by spouse amounts to cruelty and may provide ground for dissolution of marriage.
The court established that wrongful criminal allegations can constitute mental cruelty justifying a divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Conduct constituting unfounded accusations can constitute mental cruelty and justify divorce when the marriage is irretrievably broken.
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....
Unfounded allegations of adultery by one spouse against the other constitute mental cruelty of the gravest character to warrant divorce.
To constitute cruelty in a divorce case, the conduct complained of should be grave and weighty, causing danger to life, limb, or health, or giving rise to a reasonable apprehension of such danger. Me....
The main legal point established in the judgment is that specific instances of cruelty must be proven, and reckless, false, and defamatory allegations constitute mental cruelty.
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