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BIREN VAISHNAV, NISHA M. THAKORE
Jyotiben d/o Sureshchandra Patil and W/o. Sanjay Devre – Appellant
Versus
Sanjay Vitthalrav Devre – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)
1. First Appeal No. 3914 of 2017 is filed by Dr. Jyotiben, wife of Sanjay Vitthalrav Devre. She has challenged the judgment and order dated 28.10.2017 passed by learned Principal Judge, Family Court, Vadodara in Family Suit No.294 of 2012. By the aforesaid order, the Family Suit of the wife (appellant in First Appeal No. 3914 of 2017) requesting the Court for granting a decree of divorce under Section 13(1) of the Hindu Marriage Act, was dismissed.
2. First Appeal No.3916 of 2017 has been filed by the husband. He had approached the Family Court at Vadodara by filing Hindu Marriage Petition No.1389 of 2010 under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The Family Court vide order dated 28.02.2017 rejected the Family Suit.
3. For the purposes of this common judgment and order, we will take the facts from First Appeal No.3914 of 2017 filed by the wife. Briefly stated the facts are that the marriage between the parties took place on 24.02.1999, according to Hindu rites and customs at Vadodara. Out of the wedlock, daughter Rishita was born on 27.07.2001 and daughter Manasvi was born on 22.03.2005. In the
Cruelty as a ground for divorce under the Hindu Marriage Act can be established through evidence of mental suffering, with the standard of proof being preponderance of probabilities.
Cruelty under the Hindu Marriage Act encompasses both physical and mental aspects, assessed on a preponderance of evidence standard.
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.
The court established that wrongful criminal allegations can constitute mental cruelty justifying a divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Cruelty in matrimonial law encompasses both physical and mental aspects, with the impact on the aggrieved spouse being crucial for determining divorce.
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....
Unfounded baseless allegations by spouse amounts to cruelty and may provide ground for dissolution of marriage.
Cruelty in matrimonial law encompasses both physical and mental aspects, with the latter requiring a cumulative assessment of conduct that causes reasonable apprehension of harm to the aggrieved spou....
The main legal point established in the judgment is the application of the concept of mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and the consideration of irretrievable b....
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