Pooja Chabra vs Kishor Chabra - 2023 Supreme(Raj) 2205

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2205

MANINDRA MOHAN SHRIVASTAVA, GANESH RAM MEENA
Pooja Chabra – Appellant
Versus
Kishor Chabra – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Ramesh Chandra Kumawat, Advocate.
For the Respondent:Mr. Abhi Goyal, Advocate.

Table of Content
1. grounds for divorce under hindu marriage act. (Para 1 , 2 , 3)
2. allegations of cruelty and desertion by the appellant-wife. (Para 4 , 5)
3. framing of issues by the family court. (Para 6 , 7)
4. court's reliance on evidence presented. (Para 8 , 9 , 10)
5. evaluating the evidence regarding cruelty. (Para 11 , 12 , 13)
6. misuse of criminal proceedings as a ground for cruelty. (Para 21 , 22 , 36)
7. non-attendance during injury not constituting cruelty. (Para 23 , 24 , 39)
8. modification of alimony amount. (Para 38 , 40 , 41)
9. final order and decree in divorce proceedings. (Para 42 , 43 , 44)

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