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ARUN BHANSALI, VIKAS BUDHWAR
Dilip Kumar Jaiswal – Appellant
Versus
Poonam Devi – Respondent
JUDGMENT :
Arun Bhansali, C.J. - This appeal is directed against judgment and decree dated 14.03.2018 passed by Family Court, Varanasi in Marriage Petition No.1014 of 2016, whereby the petition filed by the appellant under section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') has been rejected. The proceedings were initiated by the appellant, inter alia, with the submissions that the marriage between the parties was solemnized on 15.02.2004 and on account of family issues, dispute started between the parties for the first time in the year 2007 and on 26.07.2007, the respondent-wife on her own left the matrimonial home and went to her paternal home and refused to come back.
2. The appellant filed application under Section 9 of the Act on 13.08.2007 seeking restitution of conjugal rights. On receipt of summons in the said proceedings, on 23.12.2007, the respondent initiated proceedings under Section 125 Cr.P.C. for maintenance and in March, 2008, by filing complaint under Section 156(3) Cr.P.C. regarding dowry harassment, case under Section 498A IPC and 3/4 Dowry Prohibition Act was registered. Proceedings under Section 482 Cr.P.C. were filed before this Cou
The court held that allegations of cruelty and desertion must be substantiated by evidence, and mere claims without proof do not warrant dissolution of marriage.
The court established that a spouse's long-term separation and failure to reconcile can constitute grounds for divorce based on cruelty and desertion under the Hindu Marriage Act.
The main legal point established in the judgment is that in cases of divorce based on cruelty and desertion, the court will carefully consider the evidence and material available on record to determi....
Filing of false cases by a spouse amounts to cruelty and can be a ground for divorce. Irretrievable breakdown of marriage, though not a ground under the statute, has been recognized by the Supreme Co....
Prolonged separation exceeding a decade constitutes mental cruelty, and refusal to resume cohabitation indicates desertion, justifying divorce under Hindu Marriage Act.
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 main legal point established in the judgment is the proof of cruelty and desertion under Section 13 (1) (ia) & (ib) of the Hindu Marriage Act, 1955.
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