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VIVEK RUSIA, AMAR NATH KESHARWANI
Dilipraj – Appellant
Versus
Rekha – Respondent
JUDGMENT
1. Appellant-Husband has filed F.A. No. 1273/2014 under section 19 of the Hindu Marriage Act against the judgment and decree dated 16.9.2014 whereby the Family Court, Ratlam has dismissed a petition filed under section 13(1)(1-a) (1-b) of the Hindu Marriage Act.
Appellant-Husband has filed F.A. No. 352/2020 under section 19 of the Hindu Marriage Act against the judgment and decree dated 8.1.2020 whereby the Family Court, Ratlam has allowed a petition filed by the respondent /wife under section 25(2) of the Hindu Marriage Act.
The common facts of both appeals are as under:
1. The marriage of the appellant/husband and respondent/wife was solemnized at Mandsaur under the Hindu customs and rituals on 28.4.1990. According to the appellant/husband, after one year of the marriage, the respondent/wife left his house on 31.5.1991 thereafter he made various efforts to bring her back but she did not return to his house. The appellant filed a First application for dissolution of marriage before the Civil Court on 23.6.1992 which was registered as HMA No. 58-A/1992. Simultaneously, the respondent/wife has also filed an application under section 9 of the Hindu Marriage Act, 1955 (HMA No. 45
The court affirmed divorce on grounds of desertion, while addressing the procedural necessities for the award of permanent alimony, concluding that conduct does not entirely negate entitlement.
The court confirmed that a marriage can be dissolved on mutual consent when irretrievably broken down, addressing the maintenance rights of the parties collectively.
Marriage dissolution granted based on mutual consent and irretrievable breakdown, with adjusted maintenance provisions.
The court established that allegations of cruelty must be substantiated with evidence, and the absence of such evidence can lead to the dismissal of divorce petitions.
Divorce – Marriage can be dissolved on the ground of complete breakdown of marriage.
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