Major Sumit Joshi vs Aditi Sharma - 2023 Supreme(P&H) 1873

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1873

RITU BAHRI, MANISHA BATRA
Major Sumit Joshi – Appellant
Versus
Aditi Sharma – Respondent

Advocates Appeared:
For the Petitioner: Mr. Kanwar Yuvraj Singh, Mr. Rajesh Kumar.
For the Respondent: Mr. Raman Mahajan.

Table of Content
1. grounds of cruelty established. (Para 3)
2. claim of dissatisfaction from both parties. (Para 4)
3. petitioner's claims contested with counterarguments. (Para 10 , 11)
4. legal definitions and interpretation of cruelty. (Para 13 , 14)
5. granting of divorce order due to irretrievable breakdown. (Para 15 , 16)

JUDGMENT :

(Manisha Batra, J).

Having lost his case of seeking dissolution of his marriage with the respondent-wife on the ground of cruelty in terms of Section 13(1)(i-a) of the HINDU MARRIAGE ACT , 1955 (hereinafter to be mentioned as "the Act") before the Additional District Judge, Panchkula, the husband has knocked at the door of this Court by filing the present appeal.

2. For the sake of convenience, the parties shall be referred to as per the nomenclature as given in the original petition as filed by the petitioner-husband.

3. The case as set up by the petitioner is that he got married with the respondent-wife on 29.11.2010 according to Hindu rites and ceremonies. A simple marriage was performed between the parties. There was no demand of dowry. Just after the marriage, the parties had gone to Mauritius for their honeymoon. The behaviour of the respondent was