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SANJAY S. AGRAWAL
Vasudev Prajapati, S/o Rajaram Prajapati – Appellant
Versus
Sunita Kumari, W/o Vasudev – Respondent
JUDGMENT/ORDER :
1. This appeal has been preferred by the Applicant – husband under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act, 1955) questioning the legality and propriety of the judgment and decree dated 26.11.2014 passed in Civil Suit No.16-A/2013, whereby the learned trial Court has dismissed his application seeking decree for dissolution of marriage on the ground of desertion and cruelty. The parties to this appeal shall be referred hereinafter as per their description before the Court below.
2. Facts, which are essential to be stated for adjudication of this appeal, are that the marriage of the Applicant was solemnized with the Non-applicant – wife on 28.02.2008 in accordance with Hindu rites and rituals at Bhilai, Dist. Durg (C.G.). It is pleaded in the application that at the time of marriage, the age of the Non-applicant was suppressed by showing three years less than her actual age and her parents wanted to keep him as Gharjamai (a resident son-in-law). According to the Applicant, they lived only for 9 days in his house at Mahasamund and thereafter he got her admission in Shankaracharya B.Ed. College, Bhilai as per her wishes, where she s
The court established that allegations of cruelty must be substantiated with evidence, and the absence of such evidence can lead to the dismissal of divorce petitions.
The court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
Mental cruelty justifies divorce; unilateral refusal of cohabitation and long-term separation erode marital obligations under Hindu Marriage Act.
(1) Divorce – Irretrievable breakdown of marriage may not be a ground for dissolution of marriage, under Hindu Marriage Act, but it is a ground for dissolution of marriage under Section 13(1)(1a) of ....
The court held that a marriage can be annulled under Section 12(1)(C) of the Hindu Marriage Act if obtained through fraud, particularly when one spouse conceals crucial facts such as prior relationsh....
Prolonged separation over 20 years establishes irretrievable breakdown (dead wood marriage), warranting divorce; permanent alimony of Rs.50 lakhs fixed balancing husband's finances and wife's/daughte....
Cruelty and desertion established grounds for divorce under Hindu Marriage Act; applicant's claims of non-applicant's uncooperative behavior led to permanent breakdown of marriage.
The main legal point established in the judgment is that allegations of cruelty must be proven, and the petitioner must not have condoned the cruelty before a decree of divorce can be granted on the ....
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