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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Abantika Acharya – Appellant
Versus
Chanchal Acharya – Respondent
JUDGMENT :
Supratim Bhattacharya, J.
1. This instant appeal has been preferred by the appellant/petitioner/wife against the respondent/husband, being aggrieved by and dissatisfied with the judgment dated 16.08.2019 passed by the Court of the Ld. District Judge at Howrah in MAT Suit No. 463 of 2013.
2. Through the impugned judgment, the Ld. Trial Court has dismissed the Matrimonial Suit on contest without any cost holding that the petitioner/wife has been unable to substantiate the fact of cruelty on which basis she had filed the suit praying for divorce.
3. The appellant herein was the petitioner /wife before the Ld. Trial Court and the respondent herein was the respondent /husband.
4. Facts of the instant lis as pleaded in the averments
The petitioner/wife had initially filed the Matrimonial Suit under Section 13 of the Hindu Marriage Act, 1955 stating that the marriage between the petitioner and the respondent was solemnized on 08.07.2000, according to Hindu rites and customs.
Thereafter, the petition was amended and the petition praying for divorce under the Hindu Marriage Act was converted to be one under Section 27 of the Special Marriage Act, 1954 wherein the petitioner/wife has sta
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....
Divorce – Cruelty and desertion by wife cannot be assumed only on the basis of some photographs shown by husband.
A decree of divorce under the Hindu Marriage Act requires substantial evidence of cruelty or desertion, which must not rely solely on allegations, while recognizing irretrievable breakdown as a basis....
Husband's unproven allegations of wife's religious insistence, cohabitation refusal, and separate living demand do not constitute cruelty; his rebuff of her reconciliation efforts bars divorce as own....
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.
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