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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Leelawati – Appellant
Versus
Jai Krishan Sharma – Respondent
| Table of Content |
|---|
| 1. grounds for dissolution of marriage. (Para 1 , 2 , 4) |
| 2. allegations raised by the appellant. (Para 8 , 9 , 10) |
| 3. support for the trial court's findings. (Para 11 , 12 , 14 , 24) |
| 4. legal standards for proving desertion. (Para 26 , 27 , 29 , 33) |
| 5. court's assessment of the appellant's actions. (Para 39 , 42) |
| 6. final decision and order of the court. (Para 43 , 44 , 45) |
JUDGMENT :
Virender Singh, J.
Appellant-Leelawati has filed the present appeal under Section 28 of the Hindu Marriage Act, 1955 (amended up to date), (hereinafter referred to as ‘H.M. Act’) against the judgment and decree dated 29.04.2013, passed in H.M.A. Petition No.4-S/3 of 2009, titled as Jai Krishan Sharma versus Leelawati, by the learned Additional District Judge-II, Shimla, H.P. (hereinafter referred to as the learned trial Court).
2. Vide judgment and decree dated 29.04.2013, the learned trial Court has partly allowed the petition, filed under Section 13 of the H.M. Act, by respondent-Jai Krishan Sharma, by dissolving the marriage between appellant and respondent, by way of decree of divorce, on the ground of desertion.
3. For the sake of convenience, the parties to the present lis, are hereinafte
The court ruled that desertion requires proof of both physical separation and the intent to permanently end the marital relationship, which was not established in this case.
For desertion under the Hindu Marriage Act, both the absence of reasonable cause and the element of animus must be established; mere separation is insufficient to claim desertion.
The main legal point established in the judgment is the definition and establishment of desertion under the Hindu Marriage Act, 1955. The court emphasized the intentional permanent forsaking and aban....
The appeal court found the Family Court's dismissal of divorce due to cruelty and desertion to be perverse, establishing that the husband's behavior justified dissolution of marriage.
The main legal point established in the judgment is that in order to seek divorce on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955, the petitioner must prove that th....
The court established that mental cruelty and desertion were proven through unrefuted evidence, justifying the dissolution of marriage under Hindu Marriage Act, 1955.
The main legal point established in the judgment is that to seek divorce on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955, the petitioner must prove that the deserti....
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.
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