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HIGH COURT OF CHHATTISGARH
Rajani Dubey, Narendra Kumar Vyas
Prashant Jha S/o Rajendra Jha – Appellant
Versus
Isha Jha, W/o Prashant Jha – Respondent
Judgment ;
(Rajani Dubey, J.)
Challenge in this appeal under Section 19(1) of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 is to the legality and validity of the judgment and decree dated 22.11.2023 passed by First Additional Principal Judge, Family Court, Raipur in H.M.A. No.895/2019 whereby the application under Section 13(1)(i-a) of the Hindu Marriage Act filed by the appellant/applicant has been dismissed.
02. The admitted fact in this case is that marriage of the appellant with the respondent was solemnized on 10.6.2017 as per Hindu rites and rituals.
03. The appellant filed an application under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 with the averments that after marriage, the respondent lived with him for 2 ½ months at Village-Pirda and thereafter started insisting on joining coaching class in Bilaspur whereas it was agreed between the parties before marriage that the respondent would live at her matrimonial home as a homemaker and discharge her marital obligations. However, in September 2017 she left her matrimonial home without informing the appellant or her in-laws and went to Khairagarh and from there to Bilaspur for joining coa
Mental cruelty can be inferred from a spouse's persistent refusal to cohabit and disrespectful behavior, justifying divorce under the Hindu Marriage Act.
Divorce—Cohabitation between husband and wife is one of essential part of a marriage and not submitting by either spouse for relationship may be one of grounds of treating other spouse with cruelty—D....
Cruelty and desertion in marital law require substantial proof; a spouse's commuting for work and financial support does not constitute grounds for dissolution of marriage.
(1) Cruelty may be mental or physical, intentional or unintentional – A dead marriage must be given a decent quietus.(2) A marriage which has broken down irretrievably, spells cruelty to both parties....
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.
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 main legal point established in the judgment is the application of the concept of mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and the consideration of irretrievable b....
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