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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Vivekanand Pradhan – Appellant
Versus
Bharti Pradhan – Respondent
JUDGMENT :
(Radhakishan Agrawal, J.)
This appeal has been preferred by the appellant-Husband against the judgment and decree dated 05.02.2020 passed by the Judge, Family Court, Raigarh (C.G.) in Civil Suit No.162-A/2017, whereby the application filed by him under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (for short 'Act of 1955') seeking dissolution of marriage has been dismissed. Therefore, the instant appeal is by the husband.
2. Briefly stated the facts of the case are that appellant-husband instituted a suit claiming decree for dissolution of marriage on the grounds enumerated under Section 13(1)(i-a) of the Act of 1955. It is pleaded in the application that his marriage with respondent-wife was solemnized on 01.05.2007 in accordance with Hindu Rites and Rituals and they have been blessed with three children. According to the appellant-husband, after marriage, the respondent joined the company of appellant for performing matrimonial obligations. After some time of marriage, her behaviour suddenly changed towards him and she started quarreling with the appellant over petty domestic issues and during scuffle, she also threatened the appellant to leave him. It is further p
The court held that evidence of adultery and prolonged separation constituted grounds for divorce under the Hindu Marriage Act, recognizing the irretrievable breakdown of marriage.
Dissolution of marriage granted based on established grounds of adultery and cruelty under the Hindu Marriage Act.
Desertion does not imply only a separate residence and separate living. It is also necessary that there must be a determination to put an end to marital relation and cohabitation.
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.
Trivial marital conflicts do not equate to legal cruelty; however, persistent destructive behavior affecting a spouse’s mental well-being can justify divorce under Section 13(1)(ia) of the Hindu Marr....
The court held that continuous allegations of cruelty and the breakdown of marital relations constitute valid grounds for divorce under the Hindu Marriage Act.
Cruelty under the Hindu Marriage Act requires substantial evidence demonstrating severe marital discord, unproven allegations do not justify divorce.
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