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HARISH TANDON, PRASENJIT BISWAS
Nilima Ghosh – Appellant
Versus
Bipad Taran Ghosh – Respondent
JUDGMENT :
PRASENJIT BISWAS, J.
1. The instant appeal has been preferred against the judgment and decree dated 10.12.2019 passed by the learned Additional District Judge 4th Court, Asansol, Paschim Bardhaman in Matrimonial Suit No. 33 of 2016 whereby the application filed by the respondent husband for grant of decree of divorce u/s 13 of the HINDU MARRIAGE ACT , 1955 was allowed. The wife is in appeal before this court.
2. The parties got married on 23.11.2012 according to Hindu rites and customs at the house of the appellant. Soon after the marriage difference and disputes have been cropped up in between them. It was pleaded that the appellant/wife told the respondent that she had no intention to marry him and is not willing to live with him. It is stated by the husband that the appellant/wife used to say that her marriage had been given by her parents with him by way of exercising force. Despite hearing this respondent kept himself mum with hope that his wife would change her habit and normal conjugal life would restore between them.
3. The husband further pleaded that this appellant used to pickup quarrel with him and his mother and abused them with filthy languages and also used t
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.
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.
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.
The court ruled that claims of cruelty and desertion must be substantiated with credible evidence, emphasizing that allegations alone are insufficient for divorce under the Hindu Marriage Act.
The court affirmed that desertion and cruelty, under the Divorce Act, 1869, were established, allowing for divorce as neither party was willing to maintain the marital relationship.
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