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ARUN BHANSALI, FARJAND ALI
Priyanka – Appellant
Versus
Girdharlal @ Gautam – Respondent
JUDGMENT :
Arun Bhansali, J.
This appeal is directed against the judgment and decree dated 19.10.2019 passed by the Family Court No. 2, Bikaner whereby the application Filed by the respondent/husband under Section 13 of the HINDU MARRIAGE ACT , 1955 ('Act') for dissolution of the marriage has been allowed and the marriage solemnized between the parties on 6.3.2011 has been ordered to be dissolved under the provisions of Section 13 (1) (i-b) of the Act.
2. The application was filed by the respondent/husband, inter-alia, with the submissions that the parties had entered into wedlock on 6.3.2011. Immediately after the marriage, the appellant started living unhappy and indicated that she was not happy with the marriage and only on account of pressure from her parents, she had entered into the wedlock and would separate after sometime. It was claimed that the efforts were made to make the wife understand, however, she didn't reconcile and would go to her parental home and would not return for many days. It was alleged that on 26.9.2011 the wife left the matrimonial home alongwith jewellery in four bags. It was alleged that the wife remained in the matrimonial home for 60-65 days in acri
The main legal point established in the judgment is that the grounds of cruelty and desertion, as provided under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, were proven by the responden....
The court held that allegations of cruelty and desertion must be substantiated by evidence, and mere claims without proof do not warrant dissolution of marriage.
The appeal court found the Family Court's dismissal of divorce due to cruelty and desertion to be perverse, establishing that the husband's behavior justified dissolution of marriage.
The burden of proof lies heavily upon the petitioner to establish desertion without any reasons being assigned. Cogent and reliable evidence is required to prove desertion.
Desertion under the Hindu Marriage Act requires proof of continuous separation for two years, which was not established in this case.
The court established that mental cruelty and desertion were proven through unrefuted evidence, justifying the dissolution of marriage under Hindu Marriage Act, 1955.
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