SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Reena Devi – Appellant
Versus
Lal Dev Singh – Respondent
JUDGMENT (Oral)
1. An appeal under Section 19 of the Family Courts Act, 1984 has been filed against the judgment dated 03.05.2023 granting divorce in a petition filed by the respondent/ husband under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as the "the Act, 1955").
2. The facts in brief are that the marriage between the parties was solemnized on 06.06.2010 and one daughter, Tamanna, was born from the said wedlock on 11.04.2011 who is in the custody of the appellant/ wife (Respondent in the Divorce Petition and the appellant in the appeal hereinafter referred to as the "appellant"). However, after their marriage disputes arose between the parties due to which the respondent was forced to leave the company of the appellant on 24.10.2014. He was, thus constrained to file a petition for divorce on the ground of cruelty under Section 13 (1)(ia) of the Act, 1955 on 13.04.2018.
3. According to respondent, after marriage, the respondent noticed that the appellant was spending most of the time with her younger sister Meena and when she came back to him in the bed room rather than talking to him and spending quality time with him, she would talk to her parents
Mangayakarasi vs. M.Yuvaraj (2020) 3 SCC 786
Nagendra vs K. Meena (2016) 9 SCC 455
Nishi Vs. Jagdish Ram 233 (2016) DLT 50
Parveen Mehta vs. Inderjeet Mehta (2002) 5 SCC 706
Ravi Kumar vs. Julmidevi (2010) 4 SCC 476
Vijay Kumar Ramchndra Bhate vs Neela Vijaykumar Bhate (2003) 6 SCC 334
Allegations that tarnish the character of a spouse and cause mental pain and suffering amount to mental cruelty, justifying divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
The main legal point established in the judgment is the requirement for concrete evidence to prove allegations of cruelty in divorce cases, and the impact of prolonged litigation on the marital relat....
The main legal point established in the judgment is the interpretation of cruelty in the context of marital relationships, including the impact of mental cruelty, adultery, and false allegations on t....
The main legal point established in the judgment is that persistent filing of false complaints and allegations by one spouse against the other can amount to mental cruelty, leading to the dissolution....
The impact of false and defamatory allegations on the reputation and mental well-being of the spouse and family members constitutes cruelty under the Hindu Marriage Act, 1955.
The main legal point established in the judgment is that specific instances of cruelty must be proven, and reckless, false, and defamatory allegations constitute mental cruelty.
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.
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