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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE INDERJEET SINGH, MR. JUSTICE VINOD KUMAR BHARWANI, JJ
Veerbhan Singh S/o Shri Chatrabhan Singh – Appellant
Versus
Sonal Talpada W/o Dr. Veerbhan Singh – Respondent
Order
1. This appeal has been filed on behalf of the appellant (for short ‘husband’) against the respondent (for short ‘wife’) under Section 19 of the Family Courts Act , 1984 challenging the order dated 21.08.2019 passed by Family Court, Bharatpur (Raj.) whereby the petition filed by the husband under Section 13 of the Hindu Marriage Act , 1955 (for short ‘Act of 1955’) has been dismissed.
2. Brief facts of the case as emerge from the record are that marriage between the parties was solemnized on 05.12.2007 at Nadiyad, District Khera (Gujarat) and the parties has no child out of their wedlock. Both husband and wife are doctor by profession. The husband filed a petition before the Family Court seeking divorce from the wife stating therein that after marriage wife lived with the husband only about for two to three months during their two years of matrimonial period. The husband further stated in the petition that wife is in Government Service and working in the State of Gujarat. At the time of filing of the divorce petition her salary was Rs.60,000/- per month whereas the husband was working in rural area and his salary was less than Rs.20,000/- per month. The husband further stated i
Non-cohabitation and public humiliation can establish mental cruelty, warranting divorce under the Hindu Marriage Act.
Cruelty in marriage can be established through long separation and misbehavior, justifying divorce under the Hindu Marriage Act.
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.
A dead marriage must be given a decent quietus.
The main legal point established is that in cases of marital cruelty, the court will consider the overall conduct of the parties and may decline to interfere if the lower court's decision is found to....
Advocates appeared :For the Appellant : Anubhav Jain For the Respondent : Praveen Dubey
Prolonged separation and absence of cohabitation constitute mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, justifying divorce.
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