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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
INDERJEET SINGH, VINOD KUMAR BHARWANI, JJ
Chanchal Agrawal D/O Shri Mahesh Chandra Bansal – Appellant
Versus
Vipin Kumar Agrawal S/O Shri Subhash Chandra Agrawal – Respondent
ORDER :
1. This appeal has been filed by the appellant-wife (hereinafter to be referred as “Wife”) against the judgment and decree dated 10.02.2015 passed by the learned District Judge, Dholpur, (hereinafter to be referred as ‘Trial Court’), whereby the learned Trial Court dismissed the application under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as ‘Act of 1955’)filed on behalf of the wife.
2. Brief facts of the case are that the wife filed an application under Section 13 of the Act of 1955 before the learned Trial Court stating therein that the marriage between the respondent- husband (hereinafter to be referred as ‘husband’) and wife was solemnized on 04.12.2007. It was further stated in the application by the wife that the behaviour of the husband and his family members was not good with her and they have demanded the dowry. It was further stated in the application that she left the husband’s house as her life was in danger and there is no matrimonial relationship with both of them and prayed for granting the decree of divorce on the ground of cruelty.
3. The husband filed reply to the said application and denied the allegations made by the wife. It is
Cruelty in marriage can be established through long separation and misbehavior, justifying divorce under the Hindu Marriage Act.
A dead marriage must be given a decent quietus.
Cruelty in matrimonial law encompasses behavior causing significant emotional distress, and long-term separation without cohabitation can establish grounds for divorce under the Hindu Marriage Act.
Divorce – Act of cruelty which can be reasonably perceived in one case may not be a cruelty in another case because of disparity in environment in which parties have grown up.
The judgment emphasizes the need to consider the cultural, ethical, and social aspects of the parties' lives in determining cruelty in matrimonial disputes, as well as the importance of ascertaining ....
Cruelty in marriage can be both physical and mental, and a long separation may constitute grounds for divorce under the Hindu Marriage Act.
Long separation between spouses can constitute mental cruelty, justifying divorce in cases where marriage has become unworkable.
Cruelty and desertion are valid grounds for divorce under the Hindu Marriage Act, with evidence of mental and physical cruelty substantiating the claims.
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