IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Govind Narayan, S/o Late Harmesh Singh Sharma – Appellant
Versus
Rakhi Choubey, W/o Shri Govind Narayan – Respondent
ORDER :
Amitendra Kishore Prasad, J.
1. The present appeal has been filed by the appellant-husband being aggrieved by the judgment and decree passed by the Learned Additional Principal Judge, Family Court, Janjgir (C.G.) dated 22.09.2023 (Annexure A/1) in Civil Suit No.133-A/2022, whereby the Trial Court had dismissed the application of appellant-husband seeking divorce under Section 13 of the Hindu Marriage Act, 1955.
2. In this case, it is an admitted fact that the marriage between both parties was solemnized on 02.06.2013 at Radhanagar Post, Krishnanagar, Tehsil Ramanujganj, District Balrampur (Chhattisgarh). It is also admitted that the appellant had filed a petition under Section 10 of the Hindu Marriage Act, 1955 against the respondent-wife. However, as the applicant-husband did not pursue the matter, the petition was dismissed by the trial Court.
3. Facts of the present case, in brevity, is that respondent-wife is the legally wedded wife of the appellant-husband, and they have no children from their marriage. After the wedding, the appellant- husband was posted at Charcha Colliery, Baikunthpur, about 200 Km from the respondent-wife’s parental home. The respondent stayed briefly
Unfounded allegations of impotency can constitute mental cruelty, warranting divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
The main legal point established is that prolonged separation, false accusations, and reluctance for sexual relations can constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
Unproven serious allegations, such as an illicit relationship, can constitute mental cruelty in matrimonial disputes. The petitioner must prove the allegations and address their impact on mental well....
False allegations and harassment by a spouse can result in mental cruelty, justifying divorce under the Hindu Marriage Act.
False allegations and prolonged separation can constitute mental cruelty, justifying a decree of divorce under the Hindu Marriage Act, prioritizing the sanctity of marriage and mental well-being.
The burden of proof in cases of impotency, the significance of rebuttal evidence, and the error in dismissing a suit ex parte without proper consideration of evidence.
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