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RAJANI DUBEY, SANJAY KUMAR JAISWAL
Neha Chandra, W/o Vikash Chandra – Appellant
Versus
Vikash Chandra, S/o Aanand Kumar Chandra – Respondent
JUDGMENT :
Per Rajani Dubey, J.
1. This appeal is directed against the judgment and decree dated 05.04.2023 (Annexure A-1) passed by the learned Principal Judge, Family Court Bilaspur, District- Bilaspur (C.G.) in Civil Suit No. 29-A/2021 whereby the application under Section 13(1-A) 13(1B-ii) of the Hindu Marriage Act filed by the respondent/husband for grant of decree of divorce, was allowed.
2. Before learned trial Court, it is an admitted fact that both the appellant and the respondent are governed by the Hindu religion and marriage between the parties was solemnized on 07.02.2016 at Bilaspur in accordance with Hindu rites and rituals.
3. Applicant/respondent herein filed application under Section 13(1-A) 13(1B-ii) of Hindu Marriage Act against the non-applicant/ appellant herein on this ground that the Applicant/respondent has been residing in Delhi since 2005 and is employed in a private company. He lives in a rented house. Non-applicant/appellant is employed as a teacher in Saint Xavier’s School. After marriage, the non-applicant went to Delhi for a few days but by quarelling over petty matters, she deprived the applicant of marital happiness. She abandoned the Hindu religion an
Conversion from Hinduism to another faith without consent constitutes valid grounds for divorce under the Hindu Marriage Act, supported by evidence of abandonment of Hindu practices.
Divorce – Conversion by spouse is a valid ground for dissolution of marriage.
Conversion under the Hindu Marriage Act is a valid ground for divorce, but mere attendance at religious practices cannot alone prove conversion.
Hindu Marriage Act, 1955 will apply only where both spouses are Hindu.
The court established that a long separation and refusal to cohabit amount to mental cruelty, justifying the dissolution of marriage under the Hindu Marriage Act.
The conduct of a spouse can provide sufficient grounds for the other spouse to withdraw from the society, as per Section 9 of the Hindu Marriage Act, 1955.
Husband's unproven allegations of wife's religious insistence, cohabitation refusal, and separate living demand do not constitute cruelty; his rebuff of her reconciliation efforts bars divorce as own....
Mental cruelty established through reckless allegations constitutes valid grounds for divorce under the Hindu Marriage Act.
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