Back
SAUMITRA DAYAL SINGH, DONADI RAMESH
Shiv Sagar – Appellant
Versus
Poonam Devi – Respondent
JUDGMENT :
1. Heard Shri Sanjeev Singh and Shri Ram Pyare, learned counsel for the appellant and Shri Ajay Kumar Yadav, learned counsel for the respondent.
2. The present appeal has been filed under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the “Act”) arising from the judgment and order dated 12.2.2013 passed by the Additional District Judge, Court No. 1, Fatehpur, in Petition No. 31 of 2012 (Shiv Sagar vs. Smt. Poonam Devi), whereby the learned trial Court dismissed the divorce case instituted by the appellant, seeking dissolution of his marriage on the grounds of insanity and cruelty.
3. The marriage between the parties was solemnized in 2005. Admittedly, they lived together for almost seven years. Two daughters were born to them, both of whom are in the custody of the respondent. The parties have been living separately since January 2012. The appellant is a driver in the Provincial Arms Constabulary. Maintenance is being paid to the respondent and her two daughters under an order passed in separate proceedings. Upon exchange of pleadings, the learned court below framed the issue, whether the appellant was entitled to seek dissolution of his marriage on
The appellant failed to prove grounds for divorce based on insanity or cruelty under the Hindu Marriage Act, 1955, as required by law.
Insufficient evidence of mental disorder or cruelty fails to establish grounds for divorce under the Hindu Marriage Act.
The Court held that mere existence of mental disorder is insufficient for a divorce decree; sufficient evidence proving the severity affecting marital life is necessary.
In cases of matrimonial disputes pertaining to cruelty, parties are required to describe the measure and standard of cruelty and provide cogent evidence.
The central legal point established in the judgment is that the evidence did not support the claim that the respondent's mental illness made it impossible for the petitioner to lead a normal conjugal....
A spouse must prove substantial evidence of severe mental disorder to justify divorce; mere allegations are insufficient.
The judgment emphasized the requirement for grave and weighty conduct to constitute cruelty under the Hindu Marriage Act, and highlighted the impact of mental illness on the capability of having a he....
Point of Law : Once parties have separated and the separation has continued for a sufficient length of time and one of them has presented a petition for divorce, it can well be presumed that marriage....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
