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ANAND PATHAK, HIRDESH
Swati Patel – Appellant
Versus
Chandrabhan Patel – Respondent
JUDGMENT
Hirdesh, J. -- 1. The instant appeal is filed by appellant-wife under section 19 of the Family Courts Act read with section 96 of the CPC against judgment and decree dated 5.10.2024 passed by Principal Judge, Family Court District Datia in Case No. 173/2022 (HMA) whereby an application filed by respondent-husband seeking a decree of divorce under section 13(1)(i-a) of HM Act on the ground of ''cruelty'' has been allowed.
2. It is not in dispute that appellant and respondent are husband wife and they entered into the wedlock on 9.2.2020 by performing all the customs and ritual which are essential to perform a Hindu marriage.
3. In brief the facts giving rise to present appeal are that respondent husband filed a divorce petition in the Family Court Datia on the ground of cruelty and pleaded that on the very next day of marriage the appellant-wife told her husband that she has been forced to perform this marriage against her will and she refused to cohabit with respondent husband and their marriage could not have been consumed. Further, it has been alleged in the divorce petition that the appellant-wife expressed her will to study further and in turn her in-laws said that they
Mental cruelty is assessed based on its impact on the aggrieved spouse, with courts requiring evidence of unique personal circumstances to justify divorce under the Hindu Marriage Act.
The court determined that mental cruelty and prolonged separation are legitimate grounds for divorce under the Hindu Marriage Act.
Family court divorce decree on cruelty ground set aside as perverse for failing to scrutinize counter-allegations and evidence properly; appellate re-appreciation requires preponderance-based reasoni....
Husband's unproven allegations of wife's religious insistence, cohabitation refusal, and separate living demand do not constitute cruelty; his rebuff of her reconciliation efforts bars divorce as own....
Mental cruelty, as defined under Hindu Marriage Act, can irreparably damage the trust and respect in marriage, providing sufficient grounds for divorce even without physical violence.
To establish grounds for divorce under the Hindu Marriage Act, the conduct must amount to grave and weighty cruelty, which impacts the ability to continue marital life; ordinary disputes do not suffi....
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