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N. V. ANJARIA, SANDEEP N. BHATT
Dharmendra Babubhai Prajapati – Appellant
Versus
Khushaliben D/O Maheshbhai Patel – Respondent
JUDGMENT :
(N.V. Anjaria, J.)
Heard learned advocate Mr. Ekrama Qureshi for the appellant and learned advocate Mr. Nishith Acharya for the respondent at length
2. The present appeal under Section 96 of the Code of Civil Procedure, 1908, read with section 28 of the Hindu Marriage Act, 1955, preferred by the appellant-husband is directed against judgment and decree dated 20.11.2019 passed by learned Principal Judge, Family Court, Amreli, whereby the Court below granted the prayer of the respondent wife for dissolution of marriage between the parties, deciding the Family Suit No. 66 of 2017 accordingly.
3. The said suit was instituted by the applicant plaintiff-wife under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') pleading inter alia that the plaintiff-respondent herein had contracted civil marriage with defendant-appellant herein. The parties are addressed as per their original status in the suit as plaintiff-wife and defendant-husband.
3.1 On 04.08.2018, the marriage between the parties was registered by the competent authority at village Chakkargadh of the Amreli District. It was the case of the plaintiff that after one month, the plaintiff-wife ha
The judgment emphasizes the application of the concept of cruelty in matrimonial disputes, considering mental and physical cruelty and the societal norms and conditions of the parties involved.
The court affirmed that the evidence of persistent cruelty justified the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, establishing a clear breakdown of the marital relat....
Husband's unproven allegations of wife's religious insistence, cohabitation refusal, and separate living demand do not constitute cruelty; his rebuff of her reconciliation efforts bars divorce as own....
Point of Law : Once parties have separated and the separation has continued for a sufficient length of time and one of them has presented a petition for divorce, it can well be presumed that marriage....
The judgment establishes that in cases of matrimonial disputes, the court must consider the overall facts, circumstances, and the kind of relationship shared between the parties to determine whether ....
Family court divorce decree on cruelty ground set aside as perverse for failing to scrutinize counter-allegations and evidence properly; appellate re-appreciation requires preponderance-based reasoni....
To establish cruelty under the Hindu Marriage Act, allegations must demonstrate serious misconduct affecting marital relations, not simply dissatisfaction. The burden of proof lies entirely on the pe....
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