IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH AT ITANAGAR BENCH
Michael Zothankhuma, N.Unni Krishnan Nair
........ W/o Debashish Das – Appellant
Versus
........, S/o Late Dilip Kumar Das – Respondent
| Table of Content |
|---|
| 1. divorce case filed by wife. (Para 2 , 3 , 4) |
| 2. arguments regarding cruelty. (Para 6 , 7 , 8) |
| 3. court's findings on marriage issues. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. settlement reached on alimony. (Para 16 , 18 , 19 , 21) |
| 5. appeal withdrawn. (Para 23 , 24) |
JUDGMENT :
M. Zothankhuma, J.
Heard Mr. S.C. Biswas, learned counsel for the appellant wife and Mr. B. K. Singh, learned counsel for the respondent husband.
2. The appeal has been filed by the appellant wife against the divorce decree granted on the respondent husband’s petition, by the Court of learned Principal Judge, Family Court-III, Kamrup (M) at Guwahati, vide judgment dated 22.06.2022 passed in FC(Civil) Case No. 174/2014.
3. The brief facts of the case are that the appellant wife had published an advertisement, giving her personal details for matrimony. In the advertisement dated 01.02.2009 published by the appellant wife, the age of the appellant was shown to be 31 years of age. After a meeting of the families of the appellant and the respondent, the marriage between the parties took place on 10.05.2009. On the date of the marriage, the respondent was 41 years of age, while the appellant should have been
Intentional misrepresentation of age in matrimonial advertisements constitutes mental cruelty, justifying grounds for divorce.
Irretrievable breakdown of marriage, characterized by prolonged separation and lack of cohabitation, can constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, justifying the gra....
Fraudulent misrepresentation or concealment does not affect the validity of a marriage to which the parties freely consent with knowledge of its nature.
Concealment of pregnancy prior to marriage and subsequent behavior amounting to cruelty justified the grant of divorce under Section 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955.
The main legal point established in the judgment is the application of Section 13(1) of the Hindu Marriage Act, 1955, and the court's consideration of irretrievable breakdown of marriage and mental c....
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.
Suppression of age constitutes mental cruelty under the Hindu Marriage Act, validating divorce, while maintenance is mandated despite the absence of a claim for it.
The main legal point established in the judgment is the evolving concept of 'cruelty' in matrimonial relationships and the court's discretion in determining mental cruelty and irretrievable breakdown....
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