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RAVI MALIMATH, PURUSHAINDRA KUMAR KAURAV
VIBHA d/o LALMANI SHUKLA – Appellant
Versus
KAILASH S/o SHYAM KARAN DWIVEDI – Respondent
JUDGMENT PURUSHAINDRA KUMAR KAURAV, J. : – This is wife’s appeal under section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to “the Act of 1955”), directed against the impugned judgment and decree dated 14-3-2019, passed by IVth Additional District Judge, Rewa in HMA Case No. 21-A/2017, dissolving the marriage between the parties under section 13(1) (i-a) and 13(1) (i-b) of the Act of 1955 on the ground of cruelty and desertion, respectively.
2. Brief facts for adjudication of the present appeal are as under : –
(i) The marriage between the parties was solemnized as per Hindu rites and custom on 9-5-2004 at village Paipkhara, Police Station Chorhata, District Rewa. (ii) After marriage, there was no “Gouna” ceremony. The appellant-wife neither went to respondent-husband to discharge her marital obligations nor there has been any cohabitation between them till date. (iii) The appellant-wife has taken the plea that since the demand of dowry of Rs. 1,50,000/- was not fully met by her father, therefore, the respondent-husband did not take her to matrimonial home. She also states that with great difficulty in the year 2009 her father could only fulfill part demand of Rs. 50,0
Advocates appeared :For the Appellant : Pushpraj Singh Gaharwar For the Respondent : Om Prakash Dwivedi
Advocates appeared :For the Appellant : Anubhav Jain For the Respondent : Praveen Dubey
The main legal point established is that in cases of marital cruelty, the court will consider the overall conduct of the parties and may decline to interfere if the lower court's decision is found to....
The main legal point established in the judgment is that the grounds of cruelty and desertion, as provided under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, were proven by the responden....
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