IN THE HIGH COURT OF ORISSA AT CUTTACK
S.TALAPATRA, SAVITRI RATHO
Ananta Charan Tripathy – Appellant
Versus
Sarita Satapathy – Respondent
JUDGMENT :
SAVITRI RATHO, J.
1. “Marriages are made in heaven, or so it is said. But we are more often than not made to wonder what happens to them by the time they descend down to earth. Though there is legal machinery in place to deal with such cases, these are perhaps the toughest for the courts to deal with. Such is the case presently before us.”
Thus observed the Supreme Court in the case of Hitesh Bhatnagar vs. Deepa Bhatngar, (2011) 5 SCC 234. We are faced with a similar situation.
2. This appeal has been filed by the appellant challenging the judgment dated 31.01.2020 passed by the learned Judge, Family Court, Jajpur in Civil Proceeding No. 168 of 2011, dismissing the petition filed by him under Section 13 of the Hindu Marriage Act for dissolution of his marriage with the respondent which had been solemnised on 24.01.2007.
The C.P. was originally filed in the Court of learned Family Judge, Cuttack as C.P. No. 663 of 2010 and thereafter transferred to Jajpur and renumbered as C.P. No. 168 of 2011.
CASE OF THE APPELLANT – HUSBAND
3. The marriage between the appellant and the respondent was solemnized on 24.01.2007 as per Hindu customs and rites after which they lived together as hus
A decree of divorce under the Hindu Marriage Act requires substantial evidence of cruelty or desertion, which must not rely solely on allegations, while recognizing irretrievable breakdown as a basis....
The main legal point established in the judgment is the irretrievable breakdown of marriage and the concept of cruelty and mental cruelty under the Hindu Marriage Act, 1955.
The main legal point established in the judgment is the concept of irretrievable breakdown of marriage and mental cruelty, as applied to the grounds of cruelty and desertion under Section 13 of the H....
The main legal point established in the judgment is the concept of irretrievable breakdown of marriage and the impact of criminal and other proceedings on the parties, leading to the grant of divorce....
The court held that continuous allegations of cruelty and the breakdown of marital relations constitute valid grounds for divorce under the Hindu Marriage Act.
Trivial marital conflicts do not equate to legal cruelty; however, persistent destructive behavior affecting a spouse’s mental well-being can justify divorce under Section 13(1)(ia) of the Hindu Marr....
The Court held that the long desertion and separation of a spouse would constitute mental cruelty within the meaning of Section 13(ib) of the Hindu Marriage Act, 1955. However, the Court held that it....
Mental cruelty can lead to irretrievable breakdown of a marriage, and long periods of separation can amount to cruelty under Section 13 (1)(ia) of the Hindu Marriage Act.
The main legal point established in the judgment is that the ground of desertion was not available to the appellant as the parties resided together till the filing of the petition, and the alleged cr....
The recognition of irretrievable breakdown of marriage as a ground for divorce under the Hindu Marriage Act, 1955, and the need for legislative action to amend the Act to incorporate this ground.
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