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HIGH COURT OF GUJARAT
BIREN VAISHNAV, HEMANT M. PRACHCHHAK
Manisha Anandkumar Patel D/o Girishbhai Patel – Appellant
Versus
Anankumar Kanubhai Patel S/o Kanubhai Jivanlal Patel – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. Present First Appeal is filed under Section 96 of the Civil Procedure Code by the appellant wife against the judgment and decree dated 13.10.2022 passed by the learned Principal Judge, Family Court Mahesana (hereinafter referred to as the "Family Court") in Family Suit No. 38 of 2021, whereby the marriage solemnized between present appellant and defendant was dissolved with effect from the date of judgement.
2. The brief facts giving rise to present appeal are that the marriage of the appellant was solemnized with opponent on 10.12.2019 according to Hindu rights and rituals at Patan. After marriage the appellant and opponent became legally husband and wife.
2.1 After marriage, the appellant and opponent were residing in their matrimonial home at Jotana. From the said wedlock, the appellant gave birth to two female children named "Foram" and "Ishani". The appellant was doing job at Kadi and for the said reason she daily travelled from Jotana to Kadi.
2.2 Thereafter, somewhere in 2010 the appellant and opponent had decided to buy a home at Mahesana, and subsequently a bunglow was purchased at "Shukan Bunglows" at Mahesana. Thereafter, in 2012 both th
False criminal complaints can constitute cruelty, justifying divorce under the Hindu Marriage Act.
Cruelty and desertion are valid grounds for divorce under the Hindu Marriage Act, particularly when the marriage is irretrievably broken down.
The court upheld the dissolution of marriage based on established grounds of cruelty and desertion, emphasizing the irretrievable breakdown of the marital relationship.
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....
(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 ....
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 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 main legal point established in the judgment is that the irretrievable breakdown of a marriage, coupled with the filing of false complaints and serious disputes between the parties, can constitut....
Long-term separation and acquittal from false allegations can constitute mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, justifying divorce.
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