PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDHIR SINGH, SUKHVINDER KAUR
Ravinder Singh – Appellant
Versus
Kulwinderjit Kaur – Respondent
JUDGMENT :
Sudhir Singh, J.
Challenge in the present appeal is to the judgment and decree dated 31.01.2015 passed by the learned Additional District Judge, Ludhiana (for short the 'trial Court'), whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the appellant-husband, for dissolution of marriage on the grounds of cruelty and desertion, was dismissed.
2. The aforesaid petition had been filed by the appellant-husband, inter-alia, pleading therein that his marriage with the respondent-wife was solemnized on 22.01.1999 as per Sikh rites and out of the said wedlock, two daughters, namely Sukhmani Kaur and Nimar Kaur were born on 09.12.2000 and 17.09.2004, respectively. It was averred by the appellant-husband that the respondent wife was a short tampered lady. The behaviour of the respondent-wife towards him and his family members had been rude, arrogant and hostile and she had insulted the appellant-husband many times and in this way, had caused mental cruelty to him. It was further asserted that soon after the marriage, the respondent-wife started pressurizing the appellant-husband to live separately from his family members, as she did no
Long separation between spouses can constitute mental cruelty, justifying divorce in cases where marriage has become unworkable.
Long separation can amount to legal cruelty under the Hindu Marriage Act, justifying the dissolution of marriage.
A dead marriage must be given a decent quietus.
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....
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