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GOUTAM BHADURI, SANJAY S. AGRAWAL
Satpal Singh, S/o Gurubachan Singh Pahuja – Appellant
Versus
Preeti Pahuja, W/o. Satpal Singh Pahuja – Respondent
JUDGMENT :
(Sanjay S. Agrawal, J.) :
1. This appeal has been preferred by the applicant/husband under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as “Act, 1955”) questioning the legality and propriety of the judgment and decree dated 24/09/2022 passed in Civil Suit No.04-A/2019, whereby, the learned Family Court, Kabirdham (Kawardha) has dismissed the application filed by the applicant seeking dissolution of marriage on the ground of cruelty enumerated under Section 13(1)(i-a) of the Act, 1955. Parties shall be referred hereinafter as per their descriptions before the trial Court.
2. Briefly stated the facts of the case are that, the applicant/husband on 05/02/2019 filed an application under Section 13(1)(i-a) of the Act, 1955, seeking dissolution of marriage, alleging inter-alia, that his marriage with the non-applicant/wife was solemnized on 18/02/2002 in accordance with their customs and out of their wedlock, two daughters namely Awneet Kaur and Ranpreet Kaur have born, who are living with the non-applicant/wife. According to the applicant, his wife is a short tempered lady and used to get annoyed oftenly
The judgment establishes that mental cruelty and irretrievable breakdown of marriage can justify the dissolution of marriage under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
Dissolution of marriage granted based on established grounds of adultery and cruelty under the Hindu Marriage Act.
The judgment establishes that in cases of matrimonial disputes, the court must consider the overall facts, circumstances, and the kind of relationship shared between the parties to determine whether ....
Filing of false cases by a spouse amounts to cruelty and can be a ground for divorce. Irretrievable breakdown of marriage, though not a ground under the statute, has been recognized by the Supreme Co....
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, as defined under the Hindu Marriage Act, allows for divorce when prolonged separation and mutual hostility inflict emotional pain, rendering cohabitation intolerable.
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