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BIREN VAISHNAV, MAULIK J. SHELAT
Ankur Mahendrabhai Patel – Appellant
Versus
Bindiya W/O Ankur Mahendrabhai Patel – Respondent
JUDGMENT :
MAULIK J.SHELAT, J.
1. The present appeal is filed under Section 19 of the Family Courts Act, 1984 (hereinafter referred to as “the Act, 1984”) against the Judgement and Decree dated 05.08.2017 passed by the learned Principal Judge, Family Court, Anand in Family Suit No.306 of 2015.
2. The parties are referred to as per their original positions before the Family Court.
Brief Facts of the case
3. The short facts of the case, which are necessary for the adjudication of the present appeal, are as follows:-
3.1 The Plaintiff happens to be the husband of the defendant, whose marriage was solemnized with the defendant on 28.02.2013 at Anand. It is a case of the plaintiff that the defendant was residing in Australia at the time of marriage, so she returned to Australia on 14.03.2023 after their honeymoon.
3.2 It has been further alleged that they were in touch over the phone and internet and in the meantime, plaintiff had started preparing for IELTS examination to get a Visa/permanent residency of Australia.
3.3 It has been further alleged by plaintiff that somewhere in August, 2013, defendant – wife came back to India for sometime but during her short visit, disputes erupted between t
Prolonged separation and absence of cohabitation constitute mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, justifying divorce.
Long separation and absence of cohabitation can constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act, warranting a decree of divorce.
A dead marriage must be given a decent quietus.
Cruelty in matrimonial law encompasses behavior causing significant emotional distress, and long-term separation without cohabitation can establish grounds for divorce under the Hindu Marriage Act.
Cruelty and desertion must be proven with specific evidence; irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act.
Cruelty and abandonment constitute valid grounds for divorce under the Hindu Marriage Act, where neglect and long separation are treated as factors leading to irreversible breakdown of the marriage.
The court held that prolonged separation and actions causing mental anguish, including false accusations, constitute sufficient grounds for divorce under the Hindu Marriage Act.
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