IN THE HIGH COURT OF ORISSA AT CUTTACK
ARINDAM SINHA, M.S.SAHOO
Amarendra Samal – Appellant
Versus
Sunita Das @ Samal – Respondent
| Table of Content |
|---|
| 1. appeal filed against family court judgment. (Para 1 , 2) |
| 2. grounds for mental cruelty established. (Para 3 , 4 , 5 , 6) |
| 3. false allegations constitute mental cruelty. (Para 7) |
| 4. divorce granted on grounds of cruelty. (Para 8) |
| 5. appeal allowed and disposed of. (Para 9) |
JUDGMENT :
ARINDAM SINHA, J.
1. Mr. Chakravarty, learned advocate appears on behalf of appellant-husband and submits, the appeal be heard. His client is aggrieved by judgment dated 7th February, 2023 of the Family Court dismissing his petition for dissolution of the marriage, while directing Rs.10,000/- per month as maintenance for respondent-wife and Rs.4,000/- per month for the minor son.
2. Respondent goes unrepresented. Order sheet bears record of sufficiency of service on she having refused to accept the postal article bearing notice of the appeal. In addition, direction for substituted service was complied with on the notice duly published in the newspaper. Furthermore, we had directed Registry to communicate website copy of our order dated 2nd April, 2024 to Mr. Bijay Kumar Pradhan, learned advocate, Balasore Bar Association and lay note confirming the communication. In this context we reproduce
Unsubstantiated allegations and threats of suicide constitute mental cruelty, justifying the dissolution of marriage under Section 13(1)(ia) of the Marriage Act.
False allegations made in legal proceedings can constitute mental cruelty, warranting divorce under the Hindu Marriage Act.
Mental cruelty as a ground for divorce requires clear and convincing evidence; mere allegations without substantiation do not meet the legal threshold for dissolution of marriage under the Hindu Marr....
The court established that cruelty must entail a series of acts creating an intolerable living situation, rather than isolated incidents, with earlier findings influencing the outcome of divorce peti....
Persistent false allegations of cruelty and emotional distress warrant granting divorce under the Special Marriage Act, establishing grounds for dissolution.
The court found that general allegations of cruelty without specific evidence do not justify the dissolution of marriage, emphasizing the need for substantial proof of mental or physical cruelty.
The main legal point established is that prolonged separation, false accusations, and reluctance for sexual relations can constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
Mental cruelty, as defined under Hindu Marriage Act, can irreparably damage the trust and respect in marriage, providing sufficient grounds for divorce even without physical violence.
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