Ravindra Pratap Yadav vs Asha Devi - 2023 Supreme(All) 2128

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2128

SUNEET KUMAR, RAJEDNRA KUMAR-IV
Ravindra Pratap Yadav – Appellant
Versus
Asha Devi – Respondent

Advocates:
Advocate Appeared:
For the Appellants : M. Islam, Ahmad Saeed, Azim Ahmad Kazmi.

Table of Content
1. background of marital issues and divorce agreement. (Para 2 , 3 , 4 , 5 , 6 , 8)
2. plaintiff’s claims for divorce based on mental cruelty. (Para 11 , 12)
3. critique of lower court's dismissive approach to evidence. (Para 14 , 15 , 19)
4. legal definitions and standards of mental cruelty. (Para 16 , 17)
5. court grants decree of divorce and states no costs. (Para 20 , 21)

JUDGMENT :

RAJENDRA KUMAR-IV, J.

1. This family court appeal challenges the impugned dismissal order dated 28.11.2005, passed by Principal Judge, Family Court, Varanasi, on a divorce petition filed by the appellant-husband in Marriage Petition No. 526 of 2001, under Section 13 HINDU MARRIAGE ACT , 1955.

2. The facts of the appellant's case may be briefly stated as follows:

The plaintiff-appellant and defendant-respondent were married on 05.05.1979, according to Hindu rites and rituals. According to the appellant, Gauna was performed after seven years of marriage. The defendant-respondent came to his house and started living as wife. For some time, behavior and conduct of the defendant-respondent was good but suddenly she changed her gait and refused to live with him as wife. Apathy and her inhuman cond