RITU BAHRI, MANISHA BATRA
Dharshana – Appellant
Versus
Mahabir Singh – Respondent
JUDGMENT
Manisha Batra, J.
The present appeal has been directed against the judgment and decree dated 04.01.2019 whereby the petition filed by the respondent-husband under Section 13(l)(i-a) of the HINDU MARRIAGE ACT , 1955 (for short-the Act) for seeking dissolution of his marriage with the appellant-wife has been allowed.
2. For the sake of convenience, the parties shall be referred as husband and wife respectively, hereinafter.
3. Briefly stated the case of the husband was that he got married with the wife on 08.05.2008 at Village Siwadi, Tehsil Farrukhnagar, District Gurugram, according to Hindu rites and ceremonies and a male child namely, Sahil, was bom out of this wedlock. The behaviour of the wife with the husband and family members was very aggressive and hostile since the very beginning of their marital life. She used to pick up quarrels with the husband on trivial matters. Even on visit of neighbourers and relatives, she used to do so. She did not use to extend courtesies to the visitors by serving tea etc. upon them; her aim was that her family members of in-laws should dance at her tunes; she did not extend any assistance in the household work; she used to watch T.V. se
A. Jayachandra v. Aneel Kaur (2005) 2 SCC 22
Chand Dhawan v. Jawaharlal Dhawan
The court determined that mental cruelty and prolonged separation are legitimate grounds for divorce under the Hindu Marriage Act.
Mental cruelty justifies divorce; unilateral refusal of cohabitation and long-term separation erode marital obligations under Hindu Marriage Act.
False allegations made in legal proceedings can constitute mental cruelty, warranting divorce under the Hindu Marriage Act.
The court held that continuous allegations of cruelty and the breakdown of marital relations constitute valid grounds for divorce under the Hindu Marriage Act.
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