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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SHREE CHANDRASHEKHAR, CHANDRA SHEKHAR SHARMA
Mahendra Prasad, son of Shri Kanhaya Lal – Appellant
Versus
Parmeshwari Devi, wife of Mahendra Prasad – Respondent
Judgment :
(Shree Chandrashekhar, J.) :
This Civil Miscellaneous Appeal has been filed by Mahendra Prasad to challenge the judgment and decree dated 19th May 2012 passed in Civil Misc. (Divorce) Case No.67/2008 (23/2003) titled “Mahendra Prasad v. Smt. Parmeshwari Devi”. By this judgment, the suit for divorce filed by the appellant under section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 seeking dissolution of the marriage on the ground of cruelty and desertion has been dismissed by the Additional District Judge, Sujangarh (Churu).
2. In Civil Misc. (Divorce) Case No.67 of 2008, the appellant pleaded that his marriage with the respondent was solemnized about 35 years before instituting the suit for divorce. His marriage was solemnized following the rituals observed by the Hindus and, in particular, by observing Saptapadi. From the wedlock, one daughter Kiran and two sons, namely, Ram Ratan and Laxmi Narayan were born. The appellant further pleaded that he constructed a house at Sujangarh and lived there with his mother, brother and wife. About 3-4 years after the marriage, he got employment in the Army and he lived in the joint family whenever he came home on vacation. Accordi
The court ruled that mere allegations of cruelty and adultery without substantial evidence do not justify divorce under the Hindu Marriage Act, and improper delay in filing the suit is a valid ground....
Cruelty in matrimonial law encompasses both physical and mental aspects, with the latter requiring a cumulative assessment of conduct that causes reasonable apprehension of harm to the aggrieved spou....
Mental cruelty requires substantial evidence; trivial marital disputes do not justify divorce. Courts emphasize mutual tolerance and comprehensive assessment of conduct over time in marriage.
False allegations and lodging FIRs can amount to mental cruelty in divorce proceedings under the Hindu Marriage Act.
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.
A dead marriage must be given a decent quietus.
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