IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
Inderjeet Singh, Anand Sharma
Munni Kanwar, Wife of Hem Singh – Appellant
Versus
Hem Singh @ Hema Ram – Respondent
ORDER :
1. This appeal has been filed by the appellant (hereinafter to be referred as “Wife”) against the respondent (hereinafter to be referred as “Husband) challenging the judgment and decree dated 20.01.2010 passed by the learned District Judge, Sikar, (hereinafter to be referred as “the learned Court below”), whereby the learned Court below allowed the application seeking decree of divorce under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as ‘Act of 1955’) filed on behalf of the husband.
2. Brief facts of the case are that the husband filed an application seeking decree of divorce under Section 13 of the Act of 1955 against the wife before the learned Court below stating therein that the marriage between the husband and wife was solemnized in the year 1983 and the behaviour of the wife was cruel with the husband. It was further stated in the application that she levelled unnecessary allegations against the husband and his father and on many occasions, she tried to commit suicide and started living separately since the year 2000, therefore, the husband was forced to file the divorce application. Lastly, prayed for granting of decree of divorce.
3. The wif


Cruelty and desertion are valid grounds for divorce under the Hindu Marriage Act, with evidence of mental and physical cruelty substantiating the claims.
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.
Cruelty and abandonment constitute valid grounds for divorce under the Hindu Marriage Act, where neglect and long separation are treated as factors leading to irreversible breakdown of the marriage.
Divorce on cruelty and desertion grounds requires cogent evidence proving grave conduct and animus deserendi; appellate court upholds trial dismissal absent perversity in reasoned findings based on p....
For a decree of divorce under cruelty or desertion, credible evidence substantiating these claims is essential. The court found no such evidence and upheld the Family Court's decision.
False allegations and lodging FIRs can amount to mental cruelty in divorce proceedings under the Hindu Marriage Act.
The court affirmed that desertion and cruelty, established through evidence, justify the grant of divorce under Hindu Marriage Act, reinforcing the burden of proof on the petitioner.
Prolonged separation and absence of cohabitation constitute mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, justifying divorce.
The main legal point established in the judgment is the requirement for specific and substantiated instances of cruelty and desertion to support claims under Section 13(1)(ia) (ib) of the Hindu Marri....
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