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SHEEL NAGU, VINAY SARAF
KARANDEEP SINGH CHAWLA – Appellant
Versus
GURSHISH KARANDEEP CHAWLA – Respondent
JUDGMENT :
VINAY SARAF, J.
1. Appellant/husband seeking decree of divorce on the ground of mental cruelty and desertion had preferred petition under section 13(1)(i-a), 13(1)(i-b) of HINDU MARRIAGE ACT , 1955 (in short ‘H.M. Act’) on 29-8-2018 before VIth Joint Civil Judge, Senior Division, Kalyan, District Thane (Maharashtra), which was transferred by Supreme Court vide order dated 13-9-2019 passed in T.C. (Civil) No. 813/2019 to the Court of Principal Judge, Family Court, Jabalpur and registered as Case No. 1127/2019. After trial, Family Court dismissed petition by impugned judgment and decree dated 13-10-2020, which are assailed by appellant/husband in present appeal under section 19 of the FAMILY COURTS ACT , 1985 read with section 28 of the HINDU MARRIAGE ACT , 1955.
2. Marriage between parties was solemnized on 9-2-2014 according to Sikh Rights and Rituals at Ulhasnagar, District Thane (Maharashtra). They were blessed with a baby girl on 4-12-2014. It is admitted in present matter that they are living separately since 8-7-2014 and lived together for 5 months only.
3. For the sake of convenience, appellant hereinafter is referred to as “husband” and respondent as “wife.”
Husba
The court held that prolonged separation and actions causing mental anguish, including false accusations, constitute sufficient grounds for divorce under the Hindu Marriage Act.
The institution of a false criminal complaint by a spouse can amount to mental cruelty upon the other spouse, and can be a ground for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
False accusations and long-term separation can constitute mental cruelty, justifying divorce under the Hindu Marriage Act.
1. Cruelty as a ground for divorce has to be distinguished from the ordinary wear and tear of family life and has to be adjudged on the basis of the course of conduct which would in general be danger....
The court held that the divorce petition lacked sufficient evidence of mental cruelty and desertion, and that the litigation initiated by the wife for the protection of her rights could not be consid....
The court affirmed that desertion and cruelty, under the Divorce Act, 1869, were established, allowing for divorce as neither party was willing to maintain the marital relationship.
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