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HIGH COURT OF GUJARAT
BIREN VAISHNAV, DEVAN M. DESAI
Sonal Alias Shital W/O Rakesh Chudasma – Appellant
Versus
Rakesh Kiritbhai Chudasma – Respondent
| Table of Content |
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| 1. draft amendment granted. (Para 1 , 2) |
ORDER :
BIREN VAISHNAV, J.
1. Draft amendment granted. Heard Mr.Samir Afzal Khan, learned counsel appearing for Mr.Aman Mir, learned counsel for the appellant and Mr.Mahesh Purohit, learned counsel appearing for Mr.Tanmay Joshi, learned counsel for the respondent. With consent of the learned advocates for the parties, the appeal is taken up for final hearing today.
2. Admit.
3. This appeal has been filed by the appellant-wife challenging the judgement and decree dated 14.11.2022 passed by the Family Court, Jamnagar. By the aforesaid judgement and decree, the Family Suit No. 25 of 2022 filed by the respondent – husband praying for divorce under Sec.13(1)(i-a) of the Hindu Marriage Act on the ground of cruelty against the appellant herein was granted. This judgement and decree is under challenge at the hands of the wife.
4. Mr.Samir Afzal Khan, learned counsel appearing for Mr.Aman Mir, learned counsel for the appellant, made the following submissions:
4.1 He would submit that there is nothing on record to suggest that the grounds of cruelty have been established by the Family Court. He would submit that, though an application was fil
The Family Court must substantiate claims of cruelty with sufficient evidence, including corroborative testimony, rather than relying solely on the respondent's statements.
A spouse's legal action for protection cannot be treated as a ground for cruelty in divorce proceedings.
False allegations and lodging FIRs can amount to mental cruelty in divorce proceedings under the Hindu Marriage Act.
The main legal point established in the judgment is that mental cruelty in matrimonial matters must be of such a nature that the parties cannot reasonably be expected to live together, and the intent....
Unfounded allegations and complaints affecting the job of a spouse amount to mental cruelty, justifying divorce on the ground of cruelty.
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....
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