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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Arpit Kumar Agrawal, S/o. Sushil Kumar Agrawal – Appellant
Versus
Sarika Agrawal, W/o. Arpit Kumar Agrawal – Respondent
| Table of Content |
|---|
| 1. marriage was solemnized on 30.05.2009. (Para 1 , 2) |
| 2. details of allegations and defenses in divorce case. (Para 3 , 4) |
| 3. issues framed and consideration of evidence. (Para 5 , 9 , 10) |
| 4. cross-examination reveals both parties' separations. (Para 11 , 12 , 13) |
| 5. mental cruelty leads to irretrievable breakdown of marriage. (Para 14 , 15) |
| 6. decree of divorce granted with permanent alimony. (Para 16 , 17 , 18 , 19) |
JUDGMENT :
Rajani Dubey, J.
1. This appeal under Section 19(1) of the Family Courts Act, 1984 has been preferred by the appellant/husband assailing the judgment and decree dated 13.12.2023 passed by the learned First Additional Chief Judge, Family Court, Raipur, District Raipur (C.G.) in Civil Case No. HMA/732/2019, whereby the learned Family Court has dismissed the application filed by the appellant/husband under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 seeking dissolution of marriage. For the sake of convenience, the parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Family Court.
2. Before learned trial Court, It is an admitted position between the parties that the marriage between the plaintiff and
The court established that a long separation and refusal to cohabit amount to mental cruelty, justifying the dissolution of marriage under the Hindu Marriage Act.
Mental cruelty established through reckless allegations constitutes valid grounds for divorce under the Hindu Marriage Act.
Mental cruelty can be inferred from a spouse's persistent refusal to cohabit and disrespectful behavior, justifying divorce under the Hindu Marriage Act.
Trivial marital conflicts do not equate to legal cruelty; however, persistent destructive behavior affecting a spouse’s mental well-being can justify divorce under Section 13(1)(ia) of the Hindu Marr....
Mental cruelty is assessed based on its impact on the aggrieved spouse, with courts requiring evidence of unique personal circumstances to justify divorce under the Hindu Marriage Act.
(1) Cruelty may be mental or physical, intentional or unintentional – A dead marriage must be given a decent quietus.(2) A marriage which has broken down irretrievably, spells cruelty to both parties....
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.
Mental cruelty justifies divorce; unilateral refusal of cohabitation and long-term separation erode marital obligations under Hindu Marriage Act.
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