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SUDHIR SINGH, JASJIT SINGH BEDI
Deepika Sharma – Appellant
Versus
Deepak Dixit – Respondent
| Table of Content |
|---|
| 1. allegations of cruelty in marriage. (Para 2 , 3) |
| 2. evidentiary proceedings in divorce case. (Para 4 , 5 , 6) |
| 3. arguments regarding cruelty and abandonment. (Para 7 , 8) |
| 4. legal reasoning on unworkable marriages. (Para 9) |
| 5. assessment of evidence and allegations. (Para 10 , 11) |
| 6. long-term separation leading to mental cruelty. (Para 15 , 20) |
| 7. legal definition of mental cruelty. (Para 16 , 19) |
| 8. dissolution of marriage due to unworkability. (Para 21 , 22) |
JUDGMENT :
Mr. Sudhir Singh, J.
CM-15290-CII-2019
The present application has been filed under Section 5 of the LIMITATION ACT for condoning the delay of 56 days in filing the appeal.
Keeping in view the averments made in the application, the same is allowed and delay of 56 days is condoned.
FAO-4560-2019
Challenge in the present appeal is to the judgment and decree dated 11.04.2019 passed by the learned Principal Judge, Family Court, Rewari (for short ‘the Family Court’), whereby the petition under Section 13 (1) of the HINDU MARRIAGE ACT , 1955 (for short ‘the Act’) filed by the appellant-wife, was dismissed.
2. The aforesaid petition had been filed by the appellant-wife, inter-alia, pleading therein that her marriag
Long separation between spouses can constitute mental cruelty, justifying divorce in cases where marriage has become unworkable.
A dead marriage must be given a decent quietus.
Long separation can amount to legal cruelty under the Hindu Marriage Act, justifying the dissolution of marriage.
Cruelty in matrimonial law encompasses behavior causing significant emotional distress, and long-term separation without cohabitation can establish grounds for divorce under the Hindu Marriage Act.
The main legal point established in the judgment is the recognition of mental cruelty in marriages, the impact of long periods of separation on the matrimonial bond, and the obligation of the court t....
Mental cruelty can justify divorce when one spouse's conduct causes reasonable apprehension of harm to the other, as established in this case.
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