BIREN VAISHNAV, MAULIK J. SHELAT
Modi Zarana Sureshkumar – Appellant
Versus
Hetarth Nilesh Kumar Gohil – Respondent
JUDGMENT :
MAULIK J.SHELAT, J.
1. A disgruntled wife, who failed to secure divorce, has preferred the present appeal under Section 19 of the Family Courts Act, 1984 (hereinafter referred to as “the Act, 1984”) against the Judgement and Decree dated 30.04.2018 passed by the learned Principal Judge, Family Court, Palanpur in Family Suit No. 7 of 2017. Her suit for seeking divorce is dismissed. The Appellant is original plaintiff-wife and Respondent is original defendant-husband. For the sake of convenience, the parties are referred to as per their original positions before the Family Court.
2. Admit, learned Advocate Mr. A.M. Parekh waives service of notice of admission of appeal. Truely, ordinarily this Court, in its appellate jurisdiction, before finally adjudicating any first appeal, would like to call for the record and proceedings, but having been supplied necessary documentary evidence and pleadings by the parties as well as considering the request made by the learned advocates of the respective parties, especially, the defendant – husband, who was present in the Court identified by learned Advocate Mr. A.M. Parekh, which was duly recorded in the order dated 30.10.2024 passed by t
Long separation and absence of cohabitation can constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act, warranting a decree of divorce.
Prolonged separation and absence of cohabitation constitute mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, justifying divorce.
Conduct constituting unfounded accusations can constitute mental cruelty and justify divorce when the marriage is irretrievably broken.
Husband failed to prove cruelty or desertion in divorce suit; unproved illicit relationship allegation itself constitutes cruelty to wife; appellate court upholds trial findings absent perversity, re....
For a decree of divorce under cruelty or desertion, credible evidence substantiating these claims is essential. The court found no such evidence and upheld the Family Court's decision.
Divorce on cruelty and desertion grounds requires cogent evidence proving grave conduct and animus deserendi; appellate court upholds trial dismissal absent perversity in reasoned findings based on p....
Cruelty, either mental or physical, can justify a decree of divorce under the Hindu Marriage Act if it causes suffering that prevents a spouse from continuing together.
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.