Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANDEEP TANEJA, SUDESH BANSAL
Chhote Lal Saini, S/o Kishan Lal Saini – Appellant
Versus
Jamana, W/o Chhote Lal Saini – Respondent
JUDGMENT :
Sandeep Taneja, J.
1. The present appeal filed under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act of 1955") lays challenge to the judgment and decree dated 31.03.2009 passed by the District Court, Dausa, whereby the Divorce Petition No.34/2005, filed by respondent - wife, seeking dissolution of the marriage solemnized between the parties, was allowed.
2. Briefly stated, the facts of the case are that the respondent - wife entered into marriage with appellant-husband on 17.02.2001 and thereafter, when her marriage was not consummated, she filed a divorce petition on 03.08.2005 under Section 13 of the Act of 1955, alleging therein that on the third day of marriage, the appellant cast aspersions on her character; addressed her an adulteress and refused to accept her as his wife. It was further alleged that no marital and physical relations were ever established between the appellant and the respondent. It was stated that on the fifth day of marriage, the brother of respondent, as per prevalent customs and rituals, took her to her parental home where she disclosed the entire incidents to her family members. It was further stated that the f
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.
Grounds for divorce under Hindu Marriage Act must be substantiated by convincing evidence; mere allegations of cruelty or adultery without proof do not warrant decree of divorce.
Prolonged separation and lack of cooperation can indicate irretrievable breakdown of marriage, leading to divorce under Hindu Marriage Act.
Cruelty and desertion must be proven with specific evidence; irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act.
The court ruled that claims of cruelty and desertion must be substantiated with credible evidence, emphasizing that allegations alone are insufficient for divorce under the Hindu Marriage Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
