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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Nitin Naiyar – Appellant
Versus
Jyoti Naiyar – Respondent
JUDGMENT :
(Radhakishan Agrawal, J.)
Since both the appeals involve similar question of facts and law, they are being heard together and disposed of by this common judgment.
2. Appellant-Husband preferred a civil suit before the Court below for dissolution of marriage under section 13 (1) of the Hindu Marriage Act, 1955 (for short, 'the Act, 1955'), whereas respondent-wife herein has also preferred a civil suit before the Court below for restitution of conjugal rights under Section 9 of the Act, 1955. Both the civil suits were registered as Civil Suit No.135-A/2017 (Nitin Naiyar v. Smt. Jyoti Naiyar) and another was registered as Civil Suit No. 89A/2016 (Smt. Jyoti Naiyar v. Nitin Naiyar). Vide impugned judgment and decree dated 24.12.2021, the learned First Additional Principal Judge, Family Court, Durg, C.G., rejected the Civil Suit No.135-A/2017 filed by the appellant- Husband while decreeing the Civil Suit No.89-A/2016 in favour of respondent-wife.
3. Being aggrieved by the said impugned judgments dated 24.12.2021, the appellant-husband herein preferred these appeals seeking decree of divorce in his favour while praying for setting aside the decree passed in favour of respondent-
Trivial disputes between spouses do not constitute cruelty under the Hindu Marriage Act, and the burden of proof lies on the party alleging such cruelty.
The main legal point established in the judgment is that mental cruelty, as a ground for dissolution of marriage, need not cause injury to the petitioner's health, and it must be of such a nature tha....
The court emphasized the need for evidence to prove allegations of cruelty and the importance of willingness to reconcile in cases of restitution of conjugal rights.
Cruelty is a sufficient ground for divorce under the Hindu Marriage Act, and a finding of cruelty necessitates the granting of a divorce, independent of other grounds such as desertion.
Long separation and failure to perform marital duties can constitute grounds for divorce under the Hindu Marriage Act.
The court established that a spouse's long-term separation and failure to reconcile can constitute grounds for divorce based on cruelty and desertion under the Hindu Marriage Act.
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....
The court clarified that normal marital disagreements do not constitute cruelty and emphasized the need for clear evidence to prove desertion.
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