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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, ARVIND KUMAR VERMA
Dinesh Sahu, S/o Shri Radheshyam Sahu – Appellant
Versus
Padma Sahu, W/o Shri Dinesh Sahu – Respondent
| Table of Content |
|---|
| 1. arguments from both parties regarding the dissolution. (Para 3 , 4) |
| 2. mental cruelty demonstrated by the respondent's actions. (Para 6 , 32) |
| 3. definition and elements of desertion as a ground for divorce. (Para 22 , 34) |
| 4. conclusion granting divorce and outlining further proceedings. (Para 41 , 42 , 43) |
JUDGMENT :
Sanjay K. Agrawal, J.
1. Invoking the jurisdiction of this Court under Section 19(1) of the Family Courts Act, 1984, the appellant herein/plaintiff has preferred this appeal challenging the judgment & decree dated 18-1-2023 passed by the Judge, Family Court, Balodabazar in HMA No.105A/2022, by which his application for dissolution of marriage on the grounds contained in Sections 13(1)(ia) & 13(1)(ib) of the Hindu Marriage Act, 1955 (for short, ‘the Act of 1955’), has been rejected finding no merit.
2. The aforesaid challenge has been made on the following factual backdrop: -
(For the sake of convenience, parties hereinafter will be referred as per their status shown and ranking given in the civil suit before the Family Court.)
2.1) The appellant herein/plaintiff filed application for dissolution of marriage with the respondent herein/defendant stating inter a
False allegations and criminal proceedings against a spouse can constitute mental cruelty, affirming grounds for divorce under 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.
Husband failed to prove cruelty or desertion in divorce suit; unproved illicit relationship allegation itself constitutes cruelty to wife; appellate court upholds trial findings absent perversity, re....
False accusations and long-term separation can constitute mental cruelty, justifying divorce under the Hindu Marriage Act.
For a decree of divorce under cruelty or desertion, credible evidence substantiating these claims is essential. The court found no such evidence and upheld the Family Court's decision.
The institution of a false criminal complaint by a spouse can amount to mental cruelty upon the other spouse, and can be a ground for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
Prolonged separation and absence of cohabitation constitute mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, justifying divorce.
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