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LISA GILL, RITU TAGORE
Dinesh – Appellant
Versus
Jyoti – Respondent
| Table of Content |
|---|
| 1. details of the marriage and initial cruelty. (Para 2 , 4 , 5) |
| 2. appellant's defense against allegations of cruelty. (Para 6 , 16) |
| 3. understanding of cruelty in marriage per legal standards. (Para 8 , 10 , 18 , 19) |
| 4. assessment of evidence regarding appellant's behavior. (Para 21 , 22) |
| 5. court's final ruling and affirmation of lower court's decision. (Para 24 , 26) |
JUDGMENT :
Ritu Tagore, J. - Appellant-husband has come in appeal, challenging judgment dated 19.09.2018 passed by learned Principal District Judge. Family Court, Bhiwani (hereinafter referred to as the `Family Court'), whereby petition under Section 13(1)(ia) of the HINDU MARRIAGE ACT , 1955 (hereinafter referred to as the `Act') bearing petition No.48 (RBT) of 2015/2018, instituted on 18.11.2015/03.05.2018 titled Smt.Jyoti v. Dinesh filed by the respondent-wife has been allowed against the Appellant-husband.
2. The facts in brief are that marriage of the parties was solemnized on 09.11.2008 as per Hindu rites and ceremonies at village Bamla-II, Tehsil and District Bhiwani. It was their first marriage. The couple lived and cohabited as husband and wife at village Kalinga and a male child named Viren was b
The court affirmed that the evidence of persistent cruelty justified the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, establishing a clear breakdown of the marital relat....
Cruelty, either mental or physical, can justify a decree of divorce under the Hindu Marriage Act if it causes suffering that prevents a spouse from continuing together.
Point of Law : Once parties have separated and the separation has continued for a sufficient length of time and one of them has presented a petition for divorce, it can well be presumed that marriage....
The main legal point established in the judgment is the application of the concept of mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and the consideration of irretrievable b....
(1) Cruelty may be mental or physical, intentional or unintentional – A dead marriage must be given a decent quietus.(2) A marriage which has broken down irretrievably, spells cruelty to both parties....
The main legal point established in the judgment is the requirement for specific evidence of cruelty and the impact on the mental and physical health of the parties to prove grounds for divorce under....
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