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HIGH COURT OF GUJARAT
BIREN VAISHNAV, HEMANT M. PRACHCHHAK
Vedant Navinchandra Joshi – Appellant
Versus
Tamanna Vedant Joshi D/o Rameshchandra Kantilal Rawal – Respondent
JUDGMENT :
(HEMANT M.PRACHCHHAK, J.)
1. The present appeal has been filed by the appellant wife under Section 13(1)(i-a) of the Hindu Marriage Act (hereinafter be referred to as “the H.M. Act”) against the judgment and decree dated 09.07.2021 passed by the learned Principal Judge, Family Court, Gandhinagar, (hereinafter be referred to as “the Family Court”) in Family Suit No. 68 of 2019 filed by the husband, whereby the Family Court has dismissed the suit.
2. Brief facts of the present case are in nutshell as under:-
2.1 That the marriage solemnized between the appellant and the respondent on 28.01.2012 at Village : Khodamli, Taluka: Satlasana, District: Mehsana and after marriage they went to Mahabaleshwar and Panchgini. After coming from Mahabaleshwar, the respondent stayed at matrimonial home for a period of 15 days and, thereafter, she went to Mumbai at her parental home as the class for C.S. from Ideal Coaching Institute was going on. In the year 2013, the appellant asked the respondent to come for festival at matrimonial home to which she came at her matrimonial home and after living for 10 to 15 days, she went to her parental home. That in November 2013, the respondent got pregn
The court established that allegations of cruelty must be substantiated with evidence, and the absence of such evidence can lead to the dismissal of divorce petitions.
(1) Divorce – Irretrievable breakdown of marriage may not be a ground for dissolution of marriage, under Hindu Marriage Act, but it is a ground for dissolution of marriage under Section 13(1)(1a) of ....
Mental cruelty justifies divorce; unilateral refusal of cohabitation and long-term separation erode marital obligations under Hindu Marriage Act.
The court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
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.
The court held that a marriage can be annulled under Section 12(1)(C) of the Hindu Marriage Act if obtained through fraud, particularly when one spouse conceals crucial facts such as prior relationsh....
The refusal to cohabit and unilateral abandonment constitute grounds for divorce under the Hindu Marriage Act, qualifying as mental cruelty.
Prolonged separation over 20 years establishes irretrievable breakdown (dead wood marriage), warranting divorce; permanent alimony of Rs.50 lakhs fixed balancing husband's finances and wife's/daughte....
The court determined that mental cruelty and prolonged separation are legitimate grounds for divorce under the Hindu Marriage Act.
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