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ANAND PATHAK, PUSHPENDRA YADAV
Anand Sharma – Appellant
Versus
Rekha Sharma – Respondent
JUDGMENT
Pathak, J:-- 1. The present appeal under section 19 of the Family Courts Act 1984 is preferred by the appellant/husband being crestfallen by the judgment dated 16.2.2023 passed by Additional Principal Judge, Family Court, Gwalior in RCSHM No.20371/2018 whereby the divorce petition preferred by the appellant under section 13(1)(i-d)(i-[k) of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act of 1955”) has been dismissed.
2. Precisely stated facts of the case are that marriage of appellant and respondent was solemnized on 24.6.2011 at Gwalior through Hindu rites and rituals. According to appellant, soon after marriage, behaviour of respondent/wife was changed and she started fighting over the small issues. Respondent/wife deprived the appellant from the marital obligations. After marriage, couple started residing at Virar in joint family but behaviour of respondent turned irritating and she used to argue with the parents of appellant. Respondent/wife also started pressurizing the appellant to live in Gwalior as she was not interested in living at Virar and she also pressurized the appellant and his family members to give her share in the property otherwise she w
An irretrievable breakdown of marriage is not a ground for divorce under Sec. 13 of the Hindu Marriage Act, 1955, and the marriage cannot be dissolved solely based on the parties living separately fo....
Divorce cannot be granted solely on claims of cruelty and desertion by the husband when evidence suggests the wife's actions were justified due to the husband's conduct including second marriage.
Prolonged separation and absence of cohabitation constitute mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, justifying divorce.
Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.
The recognition of irretrievable breakdown of marriage as a ground for divorce under the Hindu Marriage Act, 1955, and the need for legislative action to amend the Act to incorporate this ground.
Mental cruelty can be established through sustained defamation and allegations affecting dignity, supporting grounds for divorce under the Hindu Marriage Act.
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