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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Sohil Agrawal S/o Nand Kishore Agrawal – Appellant
Versus
Anjali Agrawal W/o Sohil Agrawal – Respondent
JUDGMENT :
RADHAKISHAN AGRAWAL, J.
1. Appellant-Husband preferred this appeal against the judgment and decree dated 18.04.2018 passed by the learned Additional Principal Judge, Family Court, Bilaspur, C.G. in Civil Suit No. 112-A/2016, whereby the petition filed by the wife/respondent for grant of decree of divorce was allowed.
2. Averments made in the suit filed under Section 13 of the Hindu Marriage Act, 1955 (for short ‘the Act 1955’) by the respondent/wife, in brief, are that appellant/husband married the respondent/wife on 26.04.2012 according to the Hindu rites and rituals. After marriage, the respondent/wife joined the company of the husband and from their wedlock, one male child was born. It is alleged by the wife/respondent that soon after the marriage, she was being tortured and harassed mentally and physically on different occasions by the appellant/husband in connection with demand of dowry and for saving the family, she was tolerating the torture given by the husband. Even at the time of her pregnancy, she was ill-treated by the appellant/husband and was dropped at her parental home. This apart, the appellant/husband also levelled false allegation on her character and on
The main legal point established in the judgment is the application of the concept of mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and the consideration of irretrievable b....
The court established that wrongful criminal allegations can constitute mental cruelty justifying a divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
The main legal point established is that prolonged separation, false accusations, and reluctance for sexual relations can constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
Cruelty in marriage requires substantial proof of grave conduct; mere quarrels and allegations do not suffice to dissolve marriage under the Hindu Marriage Act.
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