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RITU BAHRI, MANISHA BATRA
Neetu Chauhan @ Sonakshi – Appellant
Versus
Sanjay Aswal – Respondent
JUDGMENT
Ritu Bahri, J.
By way of filing the present appeal, the appellant-wife is seeking setting aside of judgment and decree dated 23.02.2017 passed by District Judge, Panchkula, whereby petition filed by the respondent-husband under Section 13 (1) (i-a) (i-b) of the HINDU MARRIAGE ACT , 1955 (for short 'Act 1955'), for dissolution of marriage between the parties by a decree of divorce on the grounds of cruelty and desertion, has been allowed.
2. Brief facts of the case as stated by the respondent in the Court below are that the marriage between the parties was solemnized on 18.01.1999 according to Hindu rites and ceremonies at Delhi. After marriage, they lived together as husband and wife at Chandigarh. Out of this wedlock, two daughters namely Shokhi and Lavanya were born on 02.02.2000 and 02.09.2007 respectively, who are residing with their mother i.e appellant-wife. The respondent further pleaded that he is B.E. & LLB and the wife is a graduate and her father bears political influence and is a rich person. His father had continuous interference in the marital life of the parties.
3. After solemnization of marriage, the behavior of the appellant did not remain justifiable with
The main legal point established in the judgment is the irretrievable breakdown of marriage and the concept of cruelty and mental cruelty under the Hindu Marriage Act, 1955.
The court held that continuous allegations of cruelty and the breakdown of marital relations constitute valid grounds for divorce under the Hindu Marriage Act.
The main legal point established in the judgment is the concept of irretrievable breakdown of marriage and mental cruelty, as applied to the grounds of cruelty and desertion under Section 13 of the H....
The main legal point established in the judgment is the concept of irretrievable breakdown of marriage and the impact of criminal and other proceedings on the parties, leading to the grant of divorce....
Trivial marital conflicts do not equate to legal cruelty; however, persistent destructive behavior affecting a spouse’s mental well-being can justify divorce under Section 13(1)(ia) of the Hindu Marr....
A decree of divorce under the Hindu Marriage Act requires substantial evidence of cruelty or desertion, which must not rely solely on allegations, while recognizing irretrievable breakdown as a basis....
A marriage may be dissolved under the Hindu Marriage Act on grounds of cruelty and desertion when evidence shows a complete breakdown of the marital relationship, without any intention for reconcilia....
Prolonged separation and established cruelty validate divorce under Hindu Marriage Act; permanent alimony awarded considering family needs.
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