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SAUMITRA DAYAL SINGH, DONADI RAMESH
Babita Tripathi – Appellant
Versus
Pramod Ram Tripathi – Respondent
JUDGMENT :
1. List revised. None is present for the respondent, in either call.
2. Heard Sri Kaushal Kishore Mani, learned counsel for the appellant.
3. The matter was last listed on 15.07.2024. On that date also, none appeared for the respondent. Accordingly, the matter was directed to be listed, peremptorily.
4. The present appeal has been filed under Section 19 of the Family Courts Act, 1984 arising from the judgment and order dated 19.05.1999 passed by Principal Judge, Family Court, Gorakhpur, in Suit No.239 of 1995 (Pramod Ram Tripathi Vs. Smt. Babita Tripathi). By that order, learned court below has dissolved the marriage between the parties under Section 13 (1) (a) of the Hindu Marriage Act, 1955 and awarded Rs.800/-per month towards maintenance to the appellant.
5. Marriage between the parties was solemnized on 28.02.1990. They have been living separately since 1995. The divorce petition was filed by the respondent on 14.11.1995. It was decreed on 19.05.1999. Thus, marriage is about 34 years old. Parties have been living separately for about 29 years. The divorce decree itself was granted about 25 years ago. No cohabitation has taken place over long period of their separation. A
Mental cruelty can justify divorce when one spouse's conduct causes reasonable apprehension of harm to the other, as established in this case.
Cruelty in matrimonial law is subjective and must be assessed based on its impact on the aggrieved spouse, rather than rigid standards or expectations.
Cruelty in matrimonial law is assessed based on its impact on the aggrieved spouse, requiring a subjective evaluation of circumstances rather than a mere objective standard.
Cruelty in matrimonial law encompasses both physical and mental aspects, with the latter requiring a cumulative assessment of conduct that causes reasonable apprehension of harm to the aggrieved spou....
Cruelty in matrimonial law encompasses both physical and mental aspects, with the impact on the aggrieved spouse being crucial for determining divorce.
Cruelty and desertion must be proven with specific evidence; irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act.
Point of Law : Matrimonial Dispute - Cruelty - None of instances of cruelty, pleaded in plaint, would amount to commission of cruelty within meaning of Section 13 of Act, 1955 nor does it satisfy the....
Divorce – Cruelty may be mental or physical – It may be intentional or unintentional – It is a matter of inference to be drawn by considering nature of conduct and its effect on complaining spouse.
A spouse must substantiate claims of cruelty to dissolve marriage under the Hindu Marriage Act, emphasizing the need for evidence beyond ordinary marital disputes.
Matrimonial Dispute - Definition of cruelty - Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either husband or wife, be dissolved by a ....
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