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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, SANJAY KUMAR JAISWAL
Hayat Tavil Shahi, S/o Syed Matinulhaq – Appellant
Versus
Sumaiyya Khatoon, W/o Hayat Tavil Shahi – Respondent
JUDGMENT :
Sanjay Kumar Jaiswal, J.
1. The matter is listed for hearing on admission, but with the consent of parties, the matter is heard finally.
2. Invoking the appellate jurisdiction of this Court under Section 19 of the Family Courts Act, 1984, the appellant herein-husband/ defendant has preferred this appeal calling in question legality, validity and correctness of the impugned judgment & decree dated 10-5-2024 passed by the Judge, Family Court, Manendragarh, District Korea in Civil Suit No.111A/2022, by which the Family Court has allowed the suit filed by the plaintiff/respondent herein and dissolved the marriage between the parties.
3. The aforesaid challenge has been made by the appellant herein/defendant on the following factual backdrop : -
[Parties will hereinafter be referred as per their status shown and ranking given in the suit before the Family Court.]
Facts
4. Marriage of the plaintiff and the defendant was solemnized as per Muslim law on 30-9-2015 at Manendragarh, District Korea and after marriage, the plaintiff/wife started residing with the defendant/ husband at Islampur, Jharkhand. The plaintiff had resided with the defendant only for 15 days and thereafter, family d
A Muslim wife is entitled to divorce if the husband fails to provide maintenance for two years, regardless of her financial independence.
Courts may grant divorce on the grounds of cruelty and desertion, considering the irretrievable breakdown of marriage as valid grounds, particularly when one party expresses a desire to live separate....
The court established that mental cruelty, including neglect and harassment, is sufficient grounds for dissolving a marriage under Muslim law.
The court held that continuous allegations of cruelty and the breakdown of marital relations constitute valid grounds for divorce under the Hindu Marriage Act.
The main legal point established in the judgment is that allegations of cruelty must be proven, and the petitioner must not have condoned the cruelty before a decree of divorce can be granted on the ....
The court upheld the dissolution of marriage based on established grounds of cruelty and desertion, emphasizing the irretrievable breakdown of the marital relationship.
Cruelty and desertion are valid grounds for divorce under the Hindu Marriage Act, particularly when the marriage is irretrievably broken down.
Prolonged separation and lack of cooperation can indicate irretrievable breakdown of marriage, leading to divorce under Hindu Marriage Act.
The main legal point established in the judgment is the recognition of irretrievable breakdown of marriage as a ground for granting divorce under the Hindu Marriage Act, 1955.
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