Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
INDERJEET SINGH, SHUBHA MEHTA
Onkar Lal S/o Shri Shiv Prasad – Appellant
Versus
Mohar Bai W/o Shri Onkar Lal – Respondent
ORDER :
I.A. No.1/2025:-
1. Heard on application filed on behalf of the appellant under Order 41 Rule 27 for taking additional documents on record. By this application, the appellant has placed on record the judgment dated 27.05.2015 passed by the learned trial Court whereby the appellant has been discharged from the offences under Section 498A and 406 of IPC .
2. For the reasons mentioned in the application, same is allowed.
3. The judgment dated 27.05.2015 is taken on record and the same is marked as Document-C1.
D.B. Civil Miscellaneous Appeal No. 4930/2015:-
1. By way of the instant appeal filed under Section 28 of the Hindu Marriage Act, 1955, (hereinafter to referred as ‘Act of 1955’) the appellant (hereinafter to be referred as ‘husband’) has raised his grievance against the judgment and decree dated 16.10.2015 passed by learned Additional District Judge, Aklera, District Jhalawar (hereinafter to be referred as ‘Court below’) in Civil Misc. Application No.53/2015 (83/2000) whereby the husband’s application filed under Section 13 of the Act of 1955 for grant of divorce was rejected.
2. The husband has invoked magnanimity of this Court to set aside the judgment and decree impugned
False allegations and long-term separation constitute cruelty, justifying divorce under Section 13 of the Hindu Marriage Act, 1955.
False criminal complaints by a spouse constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, justifying divorce.
Filing of false criminal complaints can constitute mental cruelty under the Hindu Marriage Act, impacting the legitimacy of marriage and grounds for divorce.
False allegations and prolonged separation can constitute mental cruelty, justifying a decree of divorce under the Hindu Marriage Act, prioritizing the sanctity of marriage and mental well-being.
Long-term separation and acquittal from false allegations can constitute mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, justifying divorce.
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....
Filing a false criminal complaint and residing separately can constitute cruelty under the Hindu Marriage Act, leading to the dissolution of marriage.
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....
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
