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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Guha Singh D/o Shri Balmiki Jangde – Appellant
Versus
Kiran Jangde W/o Guha Singh – Respondent
JUDGMENT :
RAJANI DUBEY, J.
1. This appeal has been preferred by the applicant-husband being aggrieved by the judgment and decree dated 07.12.2017 passed by the learned Judge, Family Court, Camp Court, Katghora, District Korba, in Civil Suit No. 53-A/2015, whereby the application filed by applicant-husband seeking dissolution of marriage has been dismissed. The parties to this appeal shall be referred herein as per their description before the Court below.
2. Briefly stated fact of the case are that the applicant-husband instituted a suit claiming decree for dissolution of marriage on the grounds enumerated under Section 13 (1) (I) and (ia) of the Hindu Marriage Act, 1955 (for short ‘the Act 1955’). It was pleaded in the application that applicant’s marriage with the non-applicant was solemnized on 11.02.2010 and out of their wedlock, one daughter Nidhi was born. According to the applicant, after sometime of marriage, the attitude of the non-applicant was non- cooperative and belligerent. The non-applicant deliberately refused to perform her marital obligations and adopted an attitude of showing her disrespect to the applicant as well as his old aged parents. The non-applicant repeate
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.
The court established that a spouse's long-term separation and failure to reconcile can constitute grounds for divorce based on cruelty and desertion under the Hindu Marriage Act.
A marriage may be dissolved under the Hindu Marriage Act on grounds of cruelty and desertion when evidence shows a complete breakdown of the marital relationship, without any intention for reconcilia....
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.
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.
Divorce – Both parties living separately since long, that by itself would not be a ground for dissolving marriage in absence of there being any such provision in Hindu Marriage Act, 1955.
The main legal point established in the judgment is the proof of cruelty and desertion under Section 13 (1) (ia) & (ib) of the Hindu Marriage Act, 1955.
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