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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Leela Verma W/o Heeralal Verma – Appellant
Versus
Heeralal Verma S/o Kamla Prasad Verma – Respondent
| Table of Content |
|---|
| 1. background of marriage and familial relations (Para 1 , 2 , 4 , 5 , 20) |
| 2. allegations of cruelty by the appellant (Para 6 , 10 , 11 , 12 , 14) |
| 3. court's consideration of evidence and findings (Para 7 , 8 , 9 , 19) |
| 4. legal interpretation of cruelty and desertion (Para 22 , 25 , 26 , 28) |
| 5. final judgment and alimony determination (Para 29 , 32 , 34 , 35) |
ORDER :
1. The present appeal has been filed by the appellant-wife, being aggrieved by the judgment and decree dated 27.07.2022 (Annexure A/1), passed by the Learned Principal Judge, Family Court, District Durg (C.G.) in Civil Suit No. 720/2016, whereby the Trial Court granted a decree of divorce in favor of the respondent, pursuant to the application filed under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act.
2. In this case, it is an admitted fact that after the marriage was solemnized as per Hindu customs on 20.04.1978 in village Manjan, Tehsil Manuganj, District Rewa, Madhya Pradesh, the parties lived their marital life by staying at the non-applicant's workplace, village Kapsi, District Kanker. The children of the applicant and the non-applicant are Manoj Kumar, Preeti and Roshni. On 05.12.1995, when the
Cruelty, either mental or physical, can justify a decree of divorce under the Hindu Marriage Act if it causes suffering that prevents a spouse from continuing together.
The refusal to cohabit and unilateral abandonment constitute grounds for divorce under the Hindu Marriage Act, qualifying as mental cruelty.
(1) Divorce – Irretrievable breakdown of marriage may not be a ground for dissolution of marriage, under Hindu Marriage Act, but it is a ground for dissolution of marriage under Section 13(1)(1a) of ....
Mental cruelty justifies divorce; unilateral refusal of cohabitation and long-term separation erode marital obligations under 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....
The court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
(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....
The court determined that mental cruelty and prolonged separation are legitimate grounds for divorce under the Hindu Marriage Act.
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