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GOUTAM BHADURI, RAJANI DUBEY
Dhruv Tiwari S/o Shri Ramadhar Tiwari – Appellant
Versus
Rekha Tiwari W/o Dhruv Tiwari – Respondent
JUDGMENT :
1. The present appeal under Section 19(1) of the Family Courts Act, 1984 has been preferred against the judgment dated 05.08.2022 passed by the Principal Judge, Family Court, Durg (C.G.) in Civil Suit No. 365/2017.
2. Vide the judgment impugned, the trial Court dismissed the application filed under Section 13(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’) by the appellant-husband for dissolution of marriage by decree of divorce.
3. Brief facts of the case are that marriage of appellant and respondent was solemnized on 28.02.1996 according to Hindu rites, ritual and customs and out of the wedlock they have one daughter namely Amy Tiwari. After sometime of marriage, the appellant went to his work place at Pulgaon as he was working as Drawing Teacher. However, after some time, relation between them started getting worse on account of illicit relation of respondent with one Ajay Gatagat. It was also pleaded that from 1996 to 2005, the respondent-wife made as many as 08 abortions and all the time Ajay Gatagat was present. In the year 2005, appellant-husband made his transfer to Raipur and after assurance by respondent-wife that she would not keep any r
The court established that established evidence of infidelity and cruelty justified the granting of a divorce decree, overturning the Family Court's dismissal.
The appellant must provide credible evidence for claims of cruelty and adultery for a divorce to be granted, as mere allegations without proof do not meet legal standards.
The court held that allegations of cruelty and adultery must be substantiated with credible evidence; mere allegations are insufficient for obtaining a divorce decree.
The main legal point established in the judgment is that the marriage bond can be considered broken irretrievably due to mental cruelty, loss of mutual trust and faith, and the refusal to share the b....
Point of law: If a party abstains from entering the witness box, it would give rise to an inference adverse against Him.
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 ....
The main legal point established in the judgment is that allegations of cruelty and desertion must be proven with sufficient and satisfactory evidence to warrant a decree of dissolution of marriage u....
The court affirmed that the evidence of persistent cruelty justified the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, establishing a clear breakdown of the marital relat....
Unproven serious allegations, such as an illicit relationship, can constitute mental cruelty in matrimonial disputes. The petitioner must prove the allegations and address their impact on mental well....
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