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VIVEK RUSIA, GAJENDRA SINGH
Richa – Appellant
Versus
Ankush Agrawal (Singhal) – Respondent
JUDGMENT
Singh, J. -- 1. This first appeal under section 19 of the Family Courts Act, 1984 read with section 28 of the Hindu Marriage Act, 1955 has been preferred by the wife being aggrieved by the judgment and decree dated 21.2.2023 in HMA Case No. 2451/2021 by 2nd Additional Principal Judge, Family Court, Indore whereby the petition of wife/appellant for decree of divorce on the ground mentioned in section 13(1)(ia) & (1b) of the Hindu Marriage Act, 1955 has been dismissed.
2. Facts in brief are that appellant/wife was married to respondent/husband on 8.12.2009 as per Hindu customary rites and ceremonies including Saptpadi. On 9.3.2012 a son was born to the appellant and respondent/husband whose custody is with the appellant/wife and he is studying. Petitioner/appellant is post graduate in science stream but she was living a life of house wife in her matrimonial home. During her stay in the matrimonial home, respondent/husband obtained her signature without disclosing the full particulars of the contents of the documents and also got signature in the bank also and being a wife she does not question of the act of obtaining her signature by the husband. Thereafter appellant/petitio
The court held that allegations of cruelty and desertion require clear evidence, which the wife/appellant failed to provide, leading to the dismissal of her application for divorce.
The court affirmed that desertion and cruelty, established through evidence, justify the grant of divorce under Hindu Marriage Act, reinforcing the burden of proof on the petitioner.
The court established that mental cruelty and desertion were proven through unrefuted evidence, justifying the dissolution of marriage under Hindu Marriage Act, 1955.
The main legal point established in the judgment is the requirement for specific and substantiated instances of cruelty and desertion to support claims under Section 13(1)(ia) (ib) of the Hindu Marri....
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.
Divorce – Deserted spouse must prove that there is a factum of separation and there is an intention on part of deserting spouse to bring cohabitation to a permanent end – Every matrimonial dispute is....
Desertion is not the withdrawal from a place but from a state of things.
The court emphasized that cruelty must be substantial enough to justify divorce, reaffirming that minor disputes do not legally constitute cruelty under the Hindu Marriage Act.
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