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RITU BAHRI, MANISHA BATRA
Dharshana – Appellant
Versus
Mahabir Singh – Respondent
| Table of Content |
|---|
| 1. grounds for divorce and background of the case (Para 1 , 2 , 3) |
| 2. wife contests divorce petition (Para 4) |
| 3. trial court's issue framing and evidence collection (Para 5 , 6) |
| 4. points for determination in appeal (Para 9) |
| 5. definition and understanding of 'cruelty' in marriage (Para 10 , 11) |
| 6. evaluation of claims of cruelty and evidence presented (Para 12 , 13) |
| 7. assessment of irretrievable breakdown of marriage (Para 14) |
| 8. permanent alimony determination and judgement maintenance (Para 15 , 16 , 17 , 18) |
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
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.
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