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LISA GILL, RITU TAGORE
Sukhwinder Singh – Appellant
Versus
Harpreet Kaur – Respondent
JUDGMENT
Lisa Gill, J.
Appellant has filed this appeal challenging judgment and decree dated 14.10.2022, passed by learned Family Court, Sangrur, whereby petition under section 13 of the HINDU MARRIAGE ACT , 1955 (hereinafter referred to as the Act), filed by the respondent-wife, seeking dissolution of her marriage with the appellant-husband, has been allowed.
2. Brief facts necessary for adjudication of the matter are that the petition under Section 13 of the Act, seeking a decree of divorce was filed by the respondent-wife. It is pleaded therein that marriage of the parties was solemnized on 20.07.2003 as per Sikh rites at Gurudwara Sahib, village Majha, Tehsil Bhawanigarh, District Sangrur. Parties cohabited as husband and wife at the matrimonial home at village Bhattian Khurd. Two children were born out of the said wedlock i.e. a daughter on 18.09.2004 and a son on 30.06.2009. It is alleged that the appellant-husband and his family members started maltreating and misbehaving with the wife (petitioner before the learned Family Court) after marriage. It is pleaded that the husband used to quarrel on trivial matters and demanded dowry articles including a car. When the wife expre
Divorce – Cruelty may be mental or physical – It may be intentional or unintentional – It is a matter of inference to be drawn by considering nature of conduct and its effect on complaining spouse.
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 as a ground for divorce under the Hindu Marriage Act requires substantial proof, which was not established in this case.
The court emphasized that cruelty must be substantial enough to justify divorce, reaffirming that minor disputes do not legally constitute cruelty under the Hindu Marriage Act.
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....
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