DONADI RAMESH, SAUMITRA DAYAL SINGH
Brahma Dayal Singh – Appellant
Versus
Meena Singh – Respondent
JUDGMENT :
1. Heard Sri Rakesh Pande, learned Senior Advocate assisted by Ms. Vishakha Pande, learned counsel for the appellant and Sri Ramesh Singh Kushwaha, holding brief of Sri Ashish Kumar Nagvanshi, learned counsel for the respondent.
2. Present appeal has been filed under Section 19 of the Family Court Act arising from judgment and order dated 14.05.2013 passed by Principal Judge, Family Court, Varanasi in Matrimonial Case No. 147 of 2002 (Brahma Dayal Singh Vs. Smt. Meena Singh). By that order, the learned Court below has dismissed the divorce case instituted by the present appellant.
3. Having heard learned counsel for the appellant, learned counsel for the respondent and also perusal of record, we find no good ground to offer any interference in the present proceeding. Divorce had been sought on ground of cruelty. As the basis of that allegation, it was disclosed to the learned Court below that the parties were married on 13.05.1987. A daughter was born to them on 5.12.1994. The parties continued to cohabit intermittently upto 8.5.2001, when the respondent is described to have left for her parental home, never to return. As to the reasons for intermittent cohabitation and par
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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 is subjective and must be assessed based on its impact on the aggrieved spouse, rather than rigid standards or expectations.
Cruelty in matrimonial law encompasses both physical and mental aspects, with the impact on the aggrieved spouse being crucial for determining divorce.
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 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 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....
Cruelty under the Hindu Marriage Act encompasses both physical and mental aspects, assessed on a preponderance of evidence standard.
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.
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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