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HIGH COURT OF GUJARAT
BIREN VAISHNAV, HEMANT M. PRACHCHHAK, JJ
Jigyaben Kaushikbhai Uvasada – Appellant
Versus
Kaushik Jaysukhbhai Vyas – 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 Act”) against the judgment and decree dated 18.04.2022 passed by the learned Principal Judge, Family Court, Morbi, (hereinafter be referred to as “the Family Court”) in Family Suit No. 36 of 2021 filed by the respondent – husband, whereby the Family Court has allowed the suit and dissolved the marriage solemnized between the appellant and respondent.
2. Brief facts of the present case are in nutshell as under:-
2.1 The appellant and the respondent got married on 08.09.2015 as per the Hindu rites and rituals in Aarya Samaj. After two months of the marriage, the dispute was started between the appellant and respondent and cohabitation, the appellant left the matrimonial home and started living with her parental home.
2.2 Thereafter, the appellant filed Criminal Misc. Application No. 206 of 2016 under the provisions of the Domestic Violence Act against the respondent and his near relatives which is at present pending before the concerned Court at Rajkot and one another complaint under Section 498A of the Indi
The court upheld the dissolution of marriage based on established grounds of cruelty and desertion, emphasizing the irretrievable breakdown of the marital relationship.
Cruelty and desertion are valid grounds for divorce under the Hindu Marriage Act, particularly when the marriage is irretrievably broken down.
False criminal complaints can constitute cruelty, justifying divorce under the Hindu Marriage Act.
To constitute cruelty in a divorce case, the conduct complained of should be grave and weighty, causing danger to life, limb, or health, or giving rise to a reasonable apprehension of such danger. Me....
The institution of a false criminal complaint by a spouse can amount to mental cruelty upon the other spouse, and can be a ground for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
The court established that wrongful criminal allegations can constitute mental cruelty justifying a divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
The main legal point established in the judgment is the proof of cruelty and desertion under Section 13 (1) (ia) & (ib) of the Hindu Marriage Act, 1955.
(1) Divorce – Registration of criminal case against a person and making him/her face criminal trial without there being any fault on his/her behalf would certainly put them to trauma and turmoil and ....
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....
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