PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDHIR SINGH, JASJIT SINGH BEDI
Kawaljit Kaur – Appellant
Versus
Satpal Sharma – Respondent
JUDGMENT :
Sudhir Singh, J.
The present appeal has been filed against the judgment and decree dated 09.03.2012 passed by the learned Additional District Judge, Patiala (for short 'the trial Court'), whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (for brevity 'the Act') filed by the appellant-wife for dissolution of marriage, has been dismissed.
2. The aforesaid petition had been filed by the appellant-wife, inter-alia, pleading therein that her marriage with the respondent-husband was solemnised on 08.03.1996 as per Hindu rites. Out of the said wedlock, two children were born, who were living with the appellant-wife. It was further pleaded that from the very inception of the marriage, the behaviour of respondent-husband and his family members was rude and arrogant towards her as they were not satisfied with the dowry articles given by her parents. It was further pleaded that the appellant-wife was harassed and humiliated by the respondent-husband and his family members for bringing inadequate dowry. They used to demand more money from the appellant-wife and when she showed her inability to meet their demands, she was given beatings by them. It was further pleade
Long separation between spouses can constitute mental cruelty, justifying divorce in cases where marriage has become unworkable.
The court affirmed that the evidence of persistent cruelty justified the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, establishing a clear breakdown of the marital relat....
Long separation can amount to legal cruelty under the Hindu Marriage Act, justifying the dissolution of marriage.
Mental cruelty can justify divorce when one spouse's conduct causes reasonable apprehension of harm to the other, as established in this case.
Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.
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