PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDHIR SINGH, SUKHVINDER KAUR
Rakesh Mittal – Appellant
Versus
Sheetal – Respondent
JUDGMENT :
Sudhir Singh, J.
1. Challenge in the present appeal is to the judgment and decree dated 15.01.2013 passed by the learned Additional District Judge, Narnaul (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, 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 16.02.2009 as per Hindu rites and out of the said wedlock, a male child was born. At that point, the respondent-wife expressed concerns about their son's education due to her perceived lack of education and progressive mindset in the appellant-husband's family. It was further pleaded that the respondent-wife insisted on moving to Gurgaon for a better environment. On refusal of the appellant-husband citing his well-established business in Narnaul and his unwillingness to leave his family, the respondent-wife began creating problems. Further, the respondent-wife disobeyed him; refused to fulfil her duties; stopped cooking and eventually left Narnaul in May, 2010, taking their son along with her. Despite
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.
Cruelty and desertion must be proven with specific evidence; irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act.
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