MANINDRA MOHAN SHRIVASTAVA, GANESH RAM MEENA
Pooja Chabra – Appellant
Versus
Kishor Chabra – Respondent
JUDGMENT :
This appeal is directed against judgment and decree dated 03.02.2018 passed by the Family Court, Dausa (for short 'the Family Court') whereby petition under section 13 of the HINDU MARRIAGE ACT , 1955 (for short 'the Act') filed by the respondent-husband has been allowed and a decree of divorce has been granted in favour of the respondent-husband.
2. Respondent-husband filed petition under Section 13 of the Act before the Family Court seeking decree of divorce on the ground of cruelty and desertion both, on the pleadings inter alia that the marriage between the parties was solemnised on 11.12.2010 and after about seven days of marriage, behaviour of the appellant-wife towards the respondent-husband and relatives became rude and indifferent. She threatened that she will get the entire family arrested. She was not interested in household works and used to watch T.V. It was further pleaded that appellant-wife and her relatives were continuously extending threat of implication in the criminal case. It was also pleaded that the wife used to go to her parental house in every 2-3 days and also used to enter into quarrel on this issue. She was habitual of talking on phone for
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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.
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 reinforced that specific, credible evidence is essential in divorce claims based on cruelty and desertion.
False allegations made in legal proceedings can constitute mental cruelty, warranting divorce under the Hindu Marriage Act.
The court held that prolonged separation and actions causing mental anguish, including false accusations, constitute sufficient grounds for divorce under the Hindu Marriage Act.
The main legal point established in the judgment is that specific instances of cruelty must be proven, and reckless, false, and defamatory allegations constitute mental cruelty.
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