ARUN BHANSALI, VIKAS BUDHWAR
Vipin Kumar Agrawal – Appellant
Versus
Manisha Agrawal – Respondent
JUDGMENT
Arun Bhansali, CJ.
Heard Sri. Manish Goyal, learned Senior Advocate, assisted by Sri. Archit Mehrotra, learned counsel appearing for the appellant and Sri. Ashok Shankar Bhatnagar, learned Senior Advocate, assisted by Sri. Harshul Bhatnagar, learned counsel for the respondent.
2. This appeal is directed against the judgment dated 01.09.2017 passed by Additional Principal Judge, Family Court, Gautambuddha Nagar whereby the petition filed by the appellant under section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') seeking dissolution of the marriage has been rejected.
3. The proceedings under Section 13 of the Act were initiated on 03.10.2011 with the averments that parties entered into wedlock on 06.12.1994 and two sons, Vinamra and Chaitanya, were born to them at Farrukhabad District, U.P. At the time of marriage, the family used to reside at Farrukhabad and house of the respondent was at Noida where her family was staying. After the death of respondent's father on 26.11.1999, respondent's both brothers and mother stayed in the house at Noida. Her both the brothers were married, however, their marriages have been dissolved. The respondent was livi
False allegations made in legal proceedings can constitute mental cruelty, warranting divorce under the Hindu Marriage Act.
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....
False accusations and long-term separation can constitute mental cruelty, justifying divorce under the Hindu Marriage Act.
(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 ....
(1) Cruelty may be mental or physical, intentional or unintentional – A dead marriage must be given a decent quietus.(2) A marriage which has broken down irretrievably, spells cruelty to both parties....
The judgment establishes that in cases of matrimonial disputes, the court must consider the overall facts, circumstances, and the kind of relationship shared between the parties to determine whether ....
Persistent false allegations of cruelty and emotional distress warrant granting divorce under the Special Marriage Act, establishing grounds for dissolution.
The institution of a false criminal complaint by a spouse can amount to mental cruelty upon the other spouse, and can be a ground for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
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