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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Rajendra Kumar S/o Bhojram – Appellant
Versus
Jayanti Patel W/o Rajendra Kumar – Respondent
JUDGMENT :
RADHAKISHAN AGRAWAL, J.
1. Appellant-Husband preferred this appeal against the judgment and decree dated 05.02.2018 passed by the learned Judge, Family Court, Circuit Court at Sakti, District Janjgir-Champa, C.G. in Civil Suit No. 24-A/2017, whereby the petition filed by the husband/appellant for grant of decree of divorce was dismissed.
2. The facts, in brief, are that appellant/husband married the respondent/wife in the year 1998 according to the Hindu Rites and Rituals. After marriage, the respondent/wife joined the company of the husband and out of their wedlock, two children were born. Meantime, the wife was appointed to the post of Shiksha Karmi. After the marriage, the wife wanted the husband to get separated himself from his parents so that she can live independently; when husband refused to do so, she started quarreling with husband. In such a situation, it had become more tortuous for the husband to live with the wife. Ultimately, on 30.11.2015, the wife along with her children left the matrimonial home and went away to her parental home. Subsequently, wife extended threat that she would implicate the husband and his family members in a criminal case. Thereafter,
Desertion does not imply only a separate residence and separate living. It is also necessary that there must be a determination to put an end to marital relation and cohabitation.
The main legal point established in the judgment is the requirement for evidence to substantiate claims of cruelty and desertion in seeking a divorce under the Hindu Marriage Act, 1955.
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.
Conduct constituting unfounded accusations can constitute mental cruelty and justify divorce when the marriage is irretrievably broken.
The judgment establishes the grounds for divorce based on cruelty and desertion under the Hindu Marriage Act, 1955, and emphasizes the importance of evidence in proving these grounds.
The court held that prolonged separation and actions causing mental anguish, including false accusations, constitute sufficient grounds for divorce under the Hindu Marriage Act.
The main legal point established in this judgment is that for a spouse to claim divorce on the ground of mental cruelty, the conduct of the other spouse must be such that it is not possible to contin....
The main legal point established is that the mere filing of a criminal case does not automatically constitute cruelty under the Hindu Marriage Act. The court emphasized the need for evidence of wilfu....
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