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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Smt. Justice Rajani Dubey, Shri Justice Narendra Kumar Vyas, JJ
Champa Patel W/o Meghnath Kaushik – Appellant
Versus
Meghnath Kaushik S/o Late Gunoram Kaushik – Respondent
Judgment :
(Rajani Dubey J.)
1. The present appeal has been filed by the appellant against the judgment and decree dated 21.10.2022 passed by the learned Family Court, Jagdalpur, District Bastar (C.G.) in Civil Suit No.41- A/2021, whereby the respondent’s application seeking divorce has been allowed.
2. Brief facts of the case are that the respondent had filed a civil suit under section 13 (1) of the Hindu Marriage act 1955, for dissolution of the marriage dated 09.07.2018 before the learned Family Court, Bastar against the appellant stating therein that their marriage was performed on 09.07.2018, but after some time of the marriage, she started cruelty upon him and his family members and went to the house of her parents and did not want to reside at respondent’s house. The appellant wife filed her written statement and denied the allegations levelled by the respondent husband. The learned Family Court after appreciating the oral and documentary evidence available on record passed the final judgment on 21.10.2022 and granted decree of divorce in favour of the respondent husband. Hence the present appeal has been filed by the appellant wife.
3. Learned counsel for the appellants submits
False allegations and lodging FIRs can amount to mental cruelty in divorce proceedings under the Hindu Marriage Act.
Mental cruelty established through reckless allegations constitutes valid grounds for divorce under the Hindu Marriage Act.
Cruelty and desertion are valid grounds for divorce under the Hindu Marriage Act, with evidence of mental and physical cruelty substantiating the claims.
The main legal point established in the judgment is the requirement for specific and substantiated instances of cruelty and desertion to support claims under Section 13(1)(ia) (ib) of the Hindu Marri....
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.
The court emphasized that cruelty must be substantial enough to justify divorce, reaffirming that minor disputes do not legally constitute cruelty under the Hindu Marriage Act.
Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.
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