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SUDHIR SINGH, SUMEET GOEL
Mickey Prem Singh – Appellant
Versus
Kiran Bhagat – Respondent
JUDGMENT
Mr Sudhir Singh, J.
This order shall dispose of the above mentioned two appeals as common questions of law and facts are involved therein.
2. FAO-M-12-2022 has been preferred by the appellant-husband against the judgement dated 13.12.2021, whereby the petition under section 13 of the Hindu Marriage Act, 1955 (for short 'the Act filed by him, was dismissed by the learned Additional District Judge, Chandigarh, whereas in FAO-M-225-2018, challenge is to the judgement and decree for restitution of conjugal rights passed by the learned Civil Judge (Senior Division), SAS Nagar (Mohali) on 14.05.2018.
FAQ-M-12-2022
3. Undisputed facts are that the marriage between the parties was solemnized on 27.04.2013, as per Hindu rites and ceremonies at Mohali. There is no issue born out of the wedlock. At the time of the marriage, the respondent-wife was serving as a Rural Medical Officer in Punjab, whereas the appellant-husband was serving as Manager Administration (HR) in Bharat Petroleum Corporation Limited at Chennai.
4. The divorce petition filed by the appellant contained the allegations of faulty behavior on the part of the respondent-wife and her having pressurized the appellant-husban
The court clarified that normal marital disagreements do not constitute cruelty and emphasized the need for clear evidence to prove desertion.
The main legal point established in the judgment is that to prove cruelty for divorce under the Hindu Marriage Act, instances of cruelty must be established with specific reference to date, time, pla....
The main legal point established in the judgment is that the evidence of cruelty and desertion must be substantial to grant a decree of divorce. The sincerity of efforts to preserve the marriage can ....
The court emphasized that the right of a woman to have reproductive choice is an inseparable part of her personal liberty as envisaged under Article 21 of the Constitution of India.
Cruelty and abandonment constitute valid grounds for divorce under the Hindu Marriage Act, where neglect and long separation are treated as factors leading to irreversible breakdown of the marriage.
(1) General allegations of cruelty do not constitute cruelty in eyes of law so as to grant decree of dissolution of marriage on that premise – There is no allegation of violence against each other.(2....
Mutual unfounded accusations without evidence can justify mental cruelty, allowing for the dissolution of marriage despite ongoing familial and legal disputes.
The main legal point established in the judgment is the definition and establishment of desertion under the Hindu Marriage Act, 1955. The court emphasized the intentional permanent forsaking and aban....
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