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GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Rekha Pincha, W/o. Vivek Agrawal, D/o. Shri Sohan Lal Ji Pincha – Appellant
Versus
Vivek Agrawal, S/o. Shri G. L. Agrawal – Respondent
JUDGMENT :
(Goutam Bhaduri, J.) :
Heard.
1. The present appeal is against the judgment and decree dated 30/11/2021 passed by the II Additional Principal Judge, Family Court, Raipur in H.M.A. Case No. 124/2019, whereby the divorce sought by the wife/appellant on various grounds, was dismissed. Hence, the wife is in appeal before this Court.
2. Brief facts as pleaded by the wife is that the parties got married on 11/05/2005. It was a love marriage and was against the wishes of the family members, therefore, there had been a mental cleavage between the family members for acceptance of marriage. The wife/appellant contended that after the marriage she joined her matrimonial home, but because the marriage was not accepted, the family members of the husband/respondent did not behave well, however, it continued. Subsequently, the husband/respondent stopped working at his place of job which led to frustration to husband. In a result, the wife joined the job, but it was objected by the husband. Further, on trivial issues, the quarrels erupted between the parties and the wife left the job. The wife/appellant further contended that to raise income she started conducting tuition to the students a
The main legal point established in the judgment is that continuous mental and physical cruelty by one spouse towards the other can warrant the grant of divorce.
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....
Mental cruelty includes ongoing suspicion and psychological abuse by a spouse, which may justify divorce when it renders the marriage intolerable.
The judgment emphasizes the need for conduct to be 'grave and weighty' to constitute mental cruelty for divorce, and the impact on the wronged party's ability to continue the matrimonial relationship....
Matrimonial Dispute - Definition of cruelty - Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either husband or wife, be dissolved by a ....
Divorce – Cruelty includes mental cruelty and it need not be physical – In some cases even very conduct complained of itself is sufficient to infer mental cruelty and impact of injury caused by offen....
The standard of proof in matrimonial proceedings is founded upon the preponderance of probabilities, and not upon a fact being established beyond all reasonable doubts.
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