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HARISH TANDON, PRASENJIT BISWAS
Mridula Sikdar – Appellant
Versus
Jitendra Nath Sikdar – Respondent
JUDGMENT :
(Harish Tandon, J.)
1. The present appeal is at the instance of a wife assailing the judgment and decree dated 29th August, 2014 passed by the learned Additional District & Sessions Judge, 3rd Court, Barrackpore in Matrimonial Suit No. 1 of 2008 by which the decree for dissolution of marriage was granted in favour of the husband on the ground of cruelty and desertion.
2. An application for dissolution of marriage was founded not only the allegation of cruelty and desertion but several allegations have been made against the wife pertaining to her extra marital affairs with several persons named therein. Although, in the preamble of the said application it is indicated that the aforesaid application is filed under Section 13 (1) (ia) and (ib) of the HINDU MARRIAGE ACT , 1955 but the averments made therein also includes the allegation of adultery of the wife without impleading the persons having alleged adulterous relation with the wife.
3. It is necessary to adumbrate the salient facts emerged from the said application filed by the husband-respondent touching upon the aforesaid allegations before we proceed to decide the appeal on the points canvassed before us by the resp
Cruelty and abandonment constitute valid grounds for divorce under the Hindu Marriage Act, where neglect and long separation are treated as factors leading to irreversible breakdown of the marriage.
For a decree of divorce under cruelty or desertion, credible evidence substantiating these claims is essential. The court found no such evidence and upheld the Family Court's decision.
Grounds for divorce under Hindu Marriage Act must be substantiated by convincing evidence; mere allegations of cruelty or adultery without proof do not warrant decree of divorce.
Cruelty in matrimonial law encompasses both physical and mental aspects, with the latter requiring a cumulative assessment of conduct that causes reasonable apprehension of harm to the aggrieved spou....
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