Back
RAJAN ROY, OM PRAKASH SHUKLA
Sushil Kumar Trivedi – Appellant
Versus
Richa – Respondent
JUDGMENT :
Om Prakash Shukla, J.
A. Prelude
1. This appeal under Section 19 (1) of the Family Courts Act, 1984 has been filed by the husband/appellant, assailing the judgment and order dated 03.04.2021 passed by the Additional Principal Judge, Family Court, Court No. 2, Unnao (hereinafter referred to as ‘trial Court’), whereby Matrimonial Case No. 433 of 2016 : Sushil Kumar Trivedi vs. Smt. Raicha, seeking to dissolve the marriage under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘Act, 1955’) was dismissed.
B. Factual Matrix
2. The appellant/husband instituted a suit (Matrimonial Case No. 433 of 2016) against the respondent/wife under Section 13 of the Act, 1955 to obtain a decree of divorce mainly on the ground of cruelty, breakdown of their marriage due to mental torture suffered by the appellant and further, that cruelty was of a kind that the appellant could not be expected to live with the respondent.
3. It was pleaded in the plaint that the appellant, Sushil Kumar Trivedi, got married to Smt Richa (respondent herein) in accordance with Hindu rites and rituals. After marriage, respondent came to matrimonial house and lived peacefully for two months and the
The grounds for divorce under the Hindu Marriage Act must be substantiated with clear evidence; mere allegations are insufficient.
(1) Divorce—Filing of complaint and initiation of criminal proceedings by wife which were found to be baseless and false, do cause harassment and torture to husband and his family—One such complaint ....
Prolonged separation and lack of cooperation can indicate irretrievable breakdown of marriage, leading to divorce under Hindu Marriage Act.
Mental cruelty can lead to irretrievable breakdown of a marriage, and long periods of separation can amount to cruelty under Section 13 (1)(ia) of the Hindu Marriage Act.
The main legal point established in the judgment is that the irretrievable breakdown of marriage, coupled with the respondent's conduct amounting to mental cruelty, justified granting the divorce und....
Cruelty and abandonment constitute valid grounds for divorce under the Hindu Marriage Act, where neglect and long separation are treated as factors leading to irreversible breakdown of the marriage.
Trivial marital conflicts do not equate to legal cruelty; however, persistent destructive behavior affecting a spouse’s mental well-being can justify divorce under Section 13(1)(ia) of the Hindu Marr....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
