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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
TARLOK SINGH CHAUHAN, RAKESH KAINTHLA
Sneh Lata – Appellant
Versus
Rakesh Kumar – Respondent
JUDGMENT :
Tarlok Singh Chauhan J.
1. The husband/respondent’s petition seeking decree of divorce against wife/appellant on the ground of desertion and mental cruelty has been allowed by the learned Court below and aggrieved thereby, the wife/appellant has filed the instant appeal.
2. The respondent approached the learned Court below with a petition under Section 13(1) (ia) (ib) of the Hindu Marriage Act, 1955 (in short, the Act) seeking decree of divorce against the appellant. It was averred that marriage between the parties was solemnized on 19.02.1992 according to Hindu Rites. After the marriage, the parties co-habited as husband and wife and the marriage was duly consummated. Out of the wedlock, a son was born and at the time of filing the petition, he was residing with the appellant.
3. It was further averred that the appellant had lived with the respondent for hardly 15-20 days after the marriage, whereafter, she stated that she did not want to live in the house of the respondent. The respondent being employed with Armed Forces had to leave on account of the exigency of his job. However, when he was away, the brother of the appellant took her away to her parental house. The fathe
Desertion and mental cruelty in divorce proceedings require substantiation of claims; unproven allegations can constitute mental cruelty.
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.
The main legal point established in the judgment is that the grounds of cruelty and desertion, as provided under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, were proven by the responden....
Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.
The burden of proof lies with the appellant to establish claims of cruelty and desertion, which must be supported by credible evidence, and mere allegations without proof are insufficient for divorce....
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