RITU BAHRI, MEENAKSHI I. MEHTA
Anmol Verma – Appellant
Versus
Radhika Sareen – Respondent
JUDGMENT :
MEENAKSHI I. MEHTA, J.
Feeling aggrieved by the judgment and decree dated 22.07.2019 as handed down by learned Principal Judge, Family Court, Panchkula (for short, ‘the trial Court’) whereby the petition preferred by the appellant-petitioner-husband (here-in-after to be referred as ‘the petitioner’) against the respondent-wife (here-in-after to be referred as ‘the respondent’) under Section 13 of the Hindu Marriage Act, 1955 (for short, ‘the Act’) for seeking the dissolution of their marriage by way of a decree of divorce, has been dismissed, the petitioner has filed this appeal.
2. Shorn and short of unnecessary details, the facts, as canvassed by the petitioner in the petition, are that the marriage between the parties was solemnised on 26.09.2014 at Chandigarh according to Hindu rites and ceremonies. No issue has born out of this wedlock. The respondent is quite arrogant and rude person and she used to quarrel with him and his family members over petty matters and to frequently threaten to commit suicide. She did not attend the religious function of ‘Sai Sandhya’, arranged by his family, on 11.01.2015. He, along-with the respondent as well as his mother and sister, had g
Ashok Kumar Jain Versus Sumati Jain (2013) 2 RCR(Civ) 835 (SC)
Joydeep Majumdar Versus Bharti Jaiswal Majumdar 2021 (2) RCR(Civ) 289
Savitri Pandey Versus Prem Chandra Pandey (2002) 1 RCR(Civ) 719 (SC).
The main legal point established in the judgment is that persistent filing of false complaints and allegations by one spouse against the other can amount to mental cruelty, leading to the dissolution....
Divorce – Normal wear and tear of marital life is not a ground for divorce.
Cruelty, as a ground for divorce under the Hindu Marriage Act, requires substantial proof of conduct that severely impacts the mental or physical well-being of the other spouse, making cohabitation i....
Divorce cannot be granted on an isolated incident of cruelty by wife.
Unsubstantiated allegations of extramarital affairs and dowry demands constitute mental cruelty under Section 13 (1)(ia) of the Hindu Marriage Act, warranting a decree of divorce.
The legal conception of cruelty and the kind of degree necessary to establish it under the Hindu Marriage Act, 1955, was a key legal principle discussed in the judgment.
The court ruled that isolated incidents of alleged mental cruelty, lacking consistent evidence, do not justify the dissolution of marriage under the Hindu Marriage Act.
The judgment emphasizes the need for specific and substantiated allegations in divorce cases, and the requirement to prove mental disorder in cases seeking divorce on such grounds.
Divorce – Staying separate for more than a decade would not be construed to be an irretrievable break down of marriage.
The main legal point established in the judgment is the criteria for proving cruelty in a matrimonial relationship under Section 27(1)(d) of the Special Marriage Act, emphasizing the need to distingu....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.