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DONADI RAMESH, SAUMITRA DAYAL SINGH
Kavita – Appellant
Versus
Rohit Kumar – Respondent
JUDGMENT :
1. Heard Shri Vibhu Rai, learned counsel for the appellant and Shri Pawan Singh Pundir, learned counsel for the respondent.
2. Present appeal has been filed under Section 19 of the Family Court Act, 1984 arising from the judgement and order dated 4.9.2015 passed by Principal Judge, Baghpat in Case No. 37 of 2013 (Rohit Kumar vs Smt. Kavita) whereby the marriage between the parties was dissolved without making provision for permanent alimony.
3. The Hindu marriage between the parties was solemnized on 15.12.2011. There are no children born to the parties. Accordingly, respondent filed divorce suit on 1.2.2013 i.e. within two years of the marriage. In that, he disclosed that the appellant was quarrelsome from beginning and that she offered rude behaviour towards the family (including the parents) of the respondent. Then, of his own, respondent narrated an incident of the date 16.4.2012 wherein the appellant was shot at and was grievously wounded while she was on a way to her parental home in the company of the cousin brother of the respondent.
4. According to the respondent, she was admitted to a hospital by the respondent and treatment was provided to her. Upon being discharg
The court held that allegations of cruelty must be substantiated by evidence, and unpleaded facts cannot be introduced during the evidence stage in divorce proceedings.
Dissolution of marriage – Irretrievable breakdown of marriage is not available as a statutory ground to dissolve a Hindu marriage.
The main legal point established in the judgment is that specific instances of cruelty must be proven, and reckless, false, and defamatory allegations constitute mental cruelty.
To constitute cruelty in a divorce case, the conduct complained of should be grave and weighty, causing danger to life, limb, or health, or giving rise to a reasonable apprehension of such danger. Me....
Unfounded baseless allegations by spouse amounts to cruelty and may provide ground for dissolution of marriage.
The court established that wrongful criminal allegations can constitute mental cruelty justifying a divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
The main legal point established is that prolonged separation, false accusations, and reluctance for sexual relations can constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
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