Back
HIGH COURT OF CHHATTISGARH
Rajani Dubey, Bibhu Datta Guru
Dharmendra Sahu S/o Banshi Lal Sahu – Appellant
Versus
Sandhya Sahu W/o Dharmendra Sahu Aged – Respondent
Judgment :
(Rajani Dubey J.)
1. The present appeal has been filed by the appellant/husband against the judgment and decree dated 17.08.2023 passed by the learned Judge, Family Court, Dhamtari (C.G.) in Civil Suit No.55-A/2022, whereby the appellant’s application seeking divorce has been rejected.
2. Brief facts of the case are that the appellant filed application under Section 13 (a) of the Hindu Marriage Act before the learned Family Court stating therein that marriage between the appellant/husband and respondent/wife was solemnized as per hindu rites and rituals on 28.04.2009 at Dhamtari, out of this wedlock, two daughters were born. First daughter namely Disha was born on 14.12.2010 and second daughter Harishita was born on 09.04.2014. It was alleged that from the very beginning that the wife used to quarrel with the appellant on living separately from appellant’s parents. On 10.04.2017, she even lodged FIR against the appellant and his family members under Section 498-A of IPC, but all the family members were acquitted by the learned Trial Court in a criminal case registered against them. Thereafter the appellant husband preferred an application before the learned Family Court see
Long-term separation and acquittal from false allegations can constitute mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, justifying divorce.
The court upheld the dissolution of marriage based on established grounds of cruelty and desertion, emphasizing the irretrievable breakdown of the marital relationship.
Cruelty and desertion are valid grounds for divorce under the Hindu Marriage Act, particularly when the marriage is irretrievably broken down.
False allegations and lodging FIRs can amount to mental cruelty in divorce proceedings 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 established that wrongful criminal allegations can constitute mental cruelty justifying a divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
False criminal complaints can constitute cruelty, justifying divorce under the Hindu Marriage Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
