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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND PATHAK, HIRDESH
Girja Alias Pooja – Appellant
Versus
Avinash Singh – Respondent
JUDGMENT :
HIRDESH, J.
1. The instant first appeal under Section 19 of the FAMILY COURTS ACT has been preferred by appellant (wife) challenging the judgment and decree dated 26th of July, 2023 passed by Principal Judge, Family Court, Bhind (MP) in Case No.156/2021 (HMA) whereby application filed by respondent (husband) under Section 13(1)(i-a) of HINDU MARRIAGE ACT [in short ''HM Act''] seeking a decree of divorce on the ground of ''cruelty'' has been allowed.
2. It is not in dispute that marriage of appellant with respondent was solemnized on 9th of June, 2011 at Welcome Garden, Bhind Road, Gwalior as per Hindu rites and rituals.
3. The facts, in a nutshell, are that respondent submitted divorce application, inter alia, alleging that after marriage, as long as appellant stayed with him, efforts were made to keep her happy, all her wishes were fulfilled and she was never harassed, she was always willing to stay at her maternal home in Gwalior, due to which, no cohabitation took place. Appellant did not return from her maternal home even after conciliation held at Police Counselling Centre on 24-10-2017. It is further averred that he had filed an application for restitution of conjuga
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 main legal point established in the judgment is the application of the concept of mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and the consideration of irretrievable b....
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.
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....
The court found that allegations of cruelty must be substantiated with corroborative evidence, and in this case, the appellant failed to prove such claims, leading to the dismissal of the divorce sui....
Mental cruelty can be inferred from a spouse's persistent refusal to cohabit and disrespectful behavior, justifying divorce under the Hindu Marriage Act.
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