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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUKHVINDER KAUR,
Sandeep Kaur – Appellant
Versus
Angrej Singh – Respondent
JUDGMENT :
Sudhir Singh, J.
Challenge in the present appeal is to the judgment and decree dated 18.09.2024 passed by learned Principal Judge, Family Court, Camp Court Patti (for short 'the Family Court'), whereby, the petition under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the respondent-husband was allowed, and the marriage between the parties was dissolved by a decree of divorce on the grounds of cruelty and desertion.
2. The aforesaid petition had been filed, inter alia, pleading therein that his marriage with the appellant-wife was solemnized on 06.03.2010 according to Sikh rites, and out of the said wedlock, two children were born. It was further alleged that from the very inception of the marriage, behaviour and attitude of the appellant-wife was cruel towards the respondent-husband and his family members. She and her family members had pressurized the respondent husband to live separately from his parents and when the respondent-husband had expressed his inability, she threatened him to commit suicide and implicate him and his family members in a false case. She left matrimonial house 2-3 times without permission of the respondent-husband, but s
Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.
The main legal point established in the judgment is that the grounds of cruelty and desertion, as provided under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, were proven by the responden....
The court emphasized that cruelty must be substantial enough to justify divorce, reaffirming that minor disputes do not legally constitute cruelty under the Hindu Marriage Act.
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