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IN TGE HIGH COURT OF CHHATTISGARH AT BILASPUR
Smt. Justice Rajani Dubey, J, Sachin Singh Rajput
Lileshwar Kurre, S/o Saheb Ram Kurre – Appellant
Versus
Preetibala Kurre, W/o Lileshwar Kurre – Respondent
Judgment :
(Rajani Dubey, J.)
1. Since the parties in both the cases are same, therefore, both the appeals are being heard together and are decided by this common judgment.
2. The appeal i.e. FA(MAT) No.30/2021 has been filed against the judgment and decree dated 25.03.2021 passed by learned Family Court, Balod (C.G.) in Civil Suit No. 40-A/2016 whereby the application filed under Section 9 of the Hindu Marriage Act by the respondent/wife has been allowed and decree for restitution of conjugal rights has been passed in favour of the respondent/wife.
3. The appeal i.e. FAM No. 119/2016 has been filed against the judgment and decree dated 13.05.2016 passed by learned 1st Additional Principal Judge, Link Court/Family Court , Balod in Civil Suit No. 23- A/2010 whereby the application filed under Section 13 of the Hindu Marriage Act by the appellant/husband for grant of divorce, has been dismissed.
4. In FA(MAT) No. 30/2021 - Admitted facts of the case are that the marriage between the appellant/husband and the respondent/wife was solemnized on 27.04.2007 in accordance with Hindu rites and rituals and they have been blessed with a daughter who is aged about 13 years.
5. The brief facts of the
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.
Cruelty as a ground for divorce under the Hindu Marriage Act can be established through evidence of mental suffering, with the standard of proof being preponderance of probabilities.
The main legal point established in the judgment is that the actions of one spouse, such as committing a serious crime or making false allegations, can amount to cruelty towards the other spouse, jus....
Unfounded baseless allegations by spouse amounts to cruelty and may provide ground for dissolution of marriage.
Conduct constituting unfounded accusations can constitute mental cruelty and justify divorce when the marriage is irretrievably broken.
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.
Cruelty and desertion established grounds for divorce under Hindu Marriage Act; applicant's claims of non-applicant's uncooperative behavior led to permanent breakdown of marriage.
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