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RAJASEKHAR MANTHA, SUPRATIM BHATTACHARYA
Nidhi Kedia Nee Chokhani – Appellant
Versus
Abhyudaya Kedia – Respondent
JUDGMENT :
Supratim Bhattacharya, J. - The instant appeal has been preferred by the appellant/defendant/wife, being aggrieved by and dissatisfied with the Judgment and Order passed by the Ld. 11th Additional District Court at Alipore, 24 Parganas South in the Matrimonial Suit No. 27 of 2010 ( R. No. 1614 of 2016).
2. By the aforementioned Judgment, the Ld. Trial Court has been pleased to pass a decree of divorce on contest against the appellant/defendant/wife.
3. The appellant herein was the opposite party and the respondent herein was the petitioner respectively before the Learned Trial Court.
4. Through the application under Section 13 (1a) of the HINDU MARRIAGE ACT , 1955, the respondent/plaintiff/husband had sought for divorce on the ground of cruelty.
5. The appellant/defendant/wife entered appearance and contested the suit denying the contentions of the respondent/plaintiff/husband.
6. The Ld. Counsel appearing on behalf of the appellant/defendant/wife during his elaborate submissions has argued on the following points:
Cruelty as a ground for divorce under the Hindu Marriage Act requires substantial proof, which was not established in this case.
Cruelty under the Hindu Marriage Act encompasses both physical and mental aspects, assessed on a preponderance of evidence standard.
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....
The main legal point established in the judgment is the application of the concept of mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and the consideration of irretrievable b....
Cruelty, as defined under the Hindu Marriage Act, allows for divorce when prolonged separation and mutual hostility inflict emotional pain, rendering cohabitation intolerable.
The main legal point established in the judgment is the concept of irretrievable breakdown of marriage and the impact of criminal and other proceedings on the parties, leading to the grant of divorce....
The court held that continuous allegations of cruelty and the breakdown of marital relations constitute valid grounds for divorce under the Hindu Marriage Act.
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