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MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Bikramjit Mondal – Appellant
Versus
Anindita Mondal – Respondent
JUDGMENT :
(Supratim Bhattacharya, J.)
1. The appellant/husband who was the petitioner before the Trial Court has preferred the present appeal after being unsuccessful before the Trial Court.
2. The petitioner/husband has prayed for divorce from his wife on the ground of cruelty.
3. The matrimonial suit has been filed under Section 13 of the Hindu Marriage Act, 1955. The Ld. Trial Court after consideration of both oral and documentary evidence has dismissed the matrimonial suit on contest without any cost.
4. The factual matrix of the present lis is that the marriage between the parties took place as per Hindu rites and customs on 03.02.2017 and thereafter on 02.03.2017 the marriage was registered. The marriage got consummated between the parties but there has been no child born from the wedlock.
5. The husband in his petition has alleged that the opposite party/wife from the initial stages has been inflicting both mental and physical torture upon him and has been pressurizing him to reside separately in a separate accommodation at her paternal house as ‘GharJamai’. The husband has denied to reside in her paternal home as ‘GharJamai’ as a consequence of which the dispute aggravated. It
Cruelty as a ground for divorce under the Hindu Marriage Act requires substantial proof, which was not established in this case.
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....
Cruelty under the Hindu Marriage Act encompasses both physical and mental aspects, assessed on a preponderance of evidence standard.
Mental cruelty, as defined under Hindu Marriage Act, can irreparably damage the trust and respect in marriage, providing sufficient grounds for divorce even without physical violence.
Divorce – Cruelty may be mental or physical – It may be intentional or unintentional – It is a matter of inference to be drawn by considering nature of conduct and its effect on complaining spouse.
Cruelty in matrimonial law is assessed based on its impact on the aggrieved spouse, requiring a subjective evaluation of circumstances rather than a mere objective standard.
The court found that allegations of cruelty must be substantiated with corroborative evidence, and in this case, the appellant failed to prove such claims, leading to the dismissal of the divorce sui....
The husband's claims of cruelty were insufficient to establish grounds for divorce, leading the court to grant judicial separation instead, recognizing the potential for reconciliation.
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