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SUBHASH VIDYARTHI, RAJAN ROY
Apoorva Gupta @ Apoorva Kumar Gupta – Appellant
Versus
Vandana Gupta – Respondent
JUDGMENT :
(Subhash Vidyarthi, J.)
1. By means of the instant appeal filed under Section 19 of the Family Courts Act, the appellant has challenged the validity of a judgment and decree dated 08.02.2022, passed by the First Additional Principal Judge, Family Court, Hardoi, in Regular Suit No.607 of 2019: Apoorva Gupta versus Vandana Gupta, under Section 13 of Hindu Marriage Act, 1955.
2. In response to a notice issued by this Court, the respondent had put in appearance by filing a Vakalatnama appointing three learned Advocates to represent her before this Court. The appeal was admitted by means of an order dated 13.01.2023 and the trial court’s record was summoned. Thereafter the following order was passed on 07.08.2023:
2. Learned counsel for the respondent has failed to appear when the case was called out.
3. The case is ready for hearing.
4. List this matter for ex-parte hearing. Let a notice be sent to the respondent along-with a copy of this order about the date fixed.
5. List in the week commencing 21.8.2023.”
3. The offic
Prolonged separation exceeding a decade constitutes mental cruelty, and refusal to resume cohabitation indicates desertion, justifying divorce under Hindu Marriage Act.
The burden of proof lies with the appellant to establish claims of cruelty and desertion, which must be supported by credible evidence, and mere allegations without proof are insufficient for divorce....
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....
For a decree of divorce under cruelty or desertion, credible evidence substantiating these claims is essential. The court found no such evidence and upheld the Family Court's decision.
The court affirmed that desertion and cruelty, under the Divorce Act, 1869, were established, allowing for divorce as neither party was willing to maintain the marital relationship.
The main legal point established in the judgment is the requirement for specific and substantiated instances of cruelty and desertion to support claims under Section 13(1)(ia) (ib) of the Hindu Marri....
Grounds for divorce under Hindu Marriage Act must be substantiated by convincing evidence; mere allegations of cruelty or adultery without proof do not warrant decree of divorce.
The appeal court found the Family Court's dismissal of divorce due to cruelty and desertion to be perverse, establishing that the husband's behavior justified dissolution of marriage.
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