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BIREN VAISHNAV, NISHA M. THAKORE
MAYURIBEN W/O SHAILESHBHAI MUDHAVA – Appellant
Versus
SHAILESHBHAI GANESHBHAI MUNDHAVA – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1. First Appeal No. 1445 of 2024 was filed by the appellant wife who was respondent in Family Suit No. 231 of 2013. Family Suit No. 231 of 2014 was filed by the respondent-husband praying for a dissolution of marriage by passing a decree of divorce under Section 13(1) of the Hindu Marriage Act. By a judgment and order dated 05.03.2024, the Family Court at Rajkot allowed the respondent’s family suit and declared that the marriage stands dissolved on the ground of cruelty.
2. First Appeal No. 1759 of 2024 is filed by the appellant wife. Family Suit No. 288 of 2012 filed by the wife under Section 9 of the Hindu Marriage Act for restitution of conjugal rights was dismissed.
3. Learned counsels for the respective parties have, for the purposes of this judgment, argued First Appeal No. 1445 of 2024.
4. Brief facts of the case are as under:
Concealment of a significant medical condition prior to marriage and subsequent abusive behavior can constitute grounds for divorce on the basis of cruelty under the Hindu Marriage Act.
The main legal point established in the judgment is that the evidence of cruelty and desertion must be substantial to grant a decree of divorce. The sincerity of efforts to preserve the marriage can ....
Trivial disputes between spouses do not constitute cruelty under the Hindu Marriage Act, and the burden of proof lies on the party alleging such cruelty.
The main legal point established in the judgment is that mental cruelty, as a ground for dissolution of marriage, need not cause injury to the petitioner's health, and it must be of such a nature tha....
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....
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.
The main legal point established in the judgment is that the marriage bond can be considered broken irretrievably due to mental cruelty, loss of mutual trust and faith, and the refusal to share the b....
Conduct constituting unfounded accusations can constitute mental cruelty and justify divorce when the marriage is irretrievably broken.
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