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ANAND PATHAK, HRIDESH
Ramcharan Raghuvanshi – Appellant
Versus
Ujala – Respondent
JUDGMENT
1. The present appeal is against the judgment and decree dated 16.11.2022 passed in Case No.61-A of 2017 (HMA) by Principal Judge, Family Court, Ashok Nagar whereby the petition under section 13 of the Hindu Marriage Act, 1955 [in brevity '' the HM Act'']filed by husband seeking divorce on the ground of ''cruelty and desertion'' was dismissed.
2. The averments as made by appellant are that on 26th of April, 2014 his marriage was solemnized with respondent as per Hindu rites and rituals without any dowry. After a few days of marriage i.e. on 25.6.2014 for the first time, when respondent came to her in-laws house, she told him that she wanted to marry a boy of her choice but under pressure of her relatives, she married him against her will and did not like him. She stayed at her in-laws house for only three days and during this period, there was no physical relationship between them. When respondent came to her in-laws house for the second time, her behaviour and attitude was not good towards him and his family and she used to say that she is in job and does not know how to do household work. She stayed at her in-laws house for nearly 13-14 days and during this period, she cre
False accusations and long-term separation can constitute mental cruelty, justifying divorce under the Hindu Marriage Act.
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.
Cruelty and abandonment constitute valid grounds for divorce under the Hindu Marriage Act, where neglect and long separation are treated as factors leading to irreversible breakdown of the marriage.
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....
For a decree of divorce under cruelty or desertion, credible evidence substantiating these claims is essential. The court found no such evidence and upheld the Family Court's decision.
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