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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, ARVIND KUMAR VERMA
Dharmendra Sahu, S/o. Banshi Lal Sahu – Appellant
Versus
Sandhya Sahu, W/o. Dharmendra Sahu – Respondent
| Table of Content |
|---|
| 1. background of divorce application and related facts. (Para 1 , 2) |
| 2. parties' arguments regarding cruelty and allegations. (Para 3 , 4) |
| 3. court's review of the case. (Para 5 , 6) |
| 4. definition and understanding of 'cruelty' in divorce context. (Para 8 , 10) |
| 5. court's reasoning on establishing mental cruelty. (Para 14 , 18) |
| 6. final judgment granting divorce. (Para 20 , 21 , 22) |
Judgment :
Sanjay K. Agrawal, J.
1. Feeling aggrieved and dissatisfied with the judgment & decree dated 17-8-2023 passed by the Judge, Family Court, Dhamtari in Civil Suit No.55A/2022, the appellant herein/plaintiff/husband has preferred this appeal under Section 19(1) of the Family Courts Act, 1984, calling in question the legality, validity and correctness of the same by which his application for divorce on the ground of cruelty and desertion has been rejected by the Family Court, Dhamtari, 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) Marriage of the appellant herein/plaintiff was solemniz
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 accusations and long-term separation can constitute mental cruelty, justifying divorce under the Hindu Marriage Act.
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.
Cruelty under the Hindu Marriage Act encompasses both physical and mental aspects, assessed on a preponderance of evidence standard.
Conduct constituting unfounded accusations can constitute mental cruelty and justify divorce when the marriage is irretrievably broken.
(1) Divorce – A marriage which is dead for all purposes cannot be revived by court’s verdict if parties are not willing.(2) Burden of Proof – Proceedings under Hindu Marriage Act, 1955 are essentiall....
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