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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
INDERJEET SINGH, BHUWAN GOYAL
Manisha W/o Shri Sumit Kumar – Appellant
Versus
Sumit Kumar S/o Shri Mahendra – Respondent
JUDGMENT :
BHUWAN GOYAL, J.
1. This civil misc. Appeal under Section 19 of the FAMILY COURTS ACT , 1984 has been preferred by the appellant-wife challenging Judgment and Decree dated 26.04.2022 passed by the Additional District Judge, Khetri in Civil Misc. Case No. 125/2018 (CIS/Family Main Case No. 125/2018) titled as Sumit Kumar vs. Smt. Manisha , whereby application under Section 13(1)(II)(1A)(1B) of the HINDU MARRIAGE ACT , 1955 filed by the respondent-husband seeking decree of dissolution of marriage solemnized between the parties, was allowed.
2. Facts of the case which are relevant for adjudication of the appeal are that respondent-husband moved an application under Section 13(1)(II)(1A)(1B) of the HINDU MARRIAGE ACT , 1955 (hereinafter referred to as “Act of 1955”) against the appellant- wife before the court of Additional District Judge, Khetri (hereinafter referred to as “trial court”) seeking dissolution of marriage solemnized between the parties on 19.08.2015 on the ground of cruelty. It was mainly pleaded in the divorce petition that relationship between respondent-husband and appellant-wife started through social media in the month of July, 2014 and they remained contac
Filing of false criminal complaints can constitute mental cruelty under the Hindu Marriage Act, impacting the legitimacy of marriage and grounds for divorce.
Filing of false cases by a spouse amounts to cruelty and can be a ground for divorce. Irretrievable breakdown of marriage, though not a ground under the statute, has been recognized by the Supreme Co....
The court established that wrongful criminal allegations can constitute mental cruelty justifying a divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
False allegations and harassment by a spouse can result in mental cruelty, justifying divorce under the Hindu Marriage Act.
The court upheld the dissolution of marriage based on established grounds of cruelty and desertion, emphasizing the irretrievable breakdown of the marital relationship.
False criminal complaints by a spouse constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, justifying divorce.
Cruelty and desertion are valid grounds for divorce under the Hindu Marriage Act, particularly when the marriage is irretrievably broken down.
Continuous separation for over 15 years and substantiated claims of mental cruelty led to the dismissal of the appeal and affirmation of the divorce decree.
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