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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Vishal Dhagat, Ramkumar Choubey
Dilip Kumar – Appellant
Versus
Shrimati Chetna – Respondent
| Table of Content |
|---|
| 1. allegations of cruelty due to mental illness. (Para 2) |
| 2. arguments for divorce based on mental illness and irretrievable breakdown. (Para 3) |
JUDGMENT :
Vishal Dhagat, J.
Appellant has preferred first appeal under Section 28 of Hindu Marriage Act against judgment and decree dated 19.04.2006 passed in Matrimonial Case No.73-A/2003 by District Judge, Tikamgarh.
2. Appellant was plaintiff and respondent was defendant before the Trial Court. Marriage between appellant and respondent was performed on 31.05.1998 at Tikamgarh according to Hindu Rites and Rituals. Family members of respondent suppressed the fact of mental illness of respondent. When respondent arrived at house after marriage, her behavior was abnormal, she remained ignorant and unaware of works of married woman in the house. She continuously used to move her legs forgetting modesty of woman. She did not share household work with other family members. She used to laugh and cry without reasons. When she was questioned for her behavior, she used to deny that she laughed or cried. She used to treat her son cruelly and used to beat him and throw him on ground and also treated appellant's mother cruelly. She did no
Court can grant divorce citing irretrievable breakdown of marriage when parties have been separated for a significant time, irrespective of the statutory grounds in the Hindu Marriage Act.
A decree of divorce under the Hindu Marriage Act requires substantial evidence of cruelty or desertion, which must not rely solely on allegations, while recognizing irretrievable breakdown as a basis....
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 lead to irretrievable breakdown of a marriage, and long periods of separation can amount to cruelty under Section 13 (1)(ia) of the Hindu Marriage Act.
(1) A marriage is more than a seemingly simple union between two individuals – As a social institution, all marriages have legal, economic, cultural, and religious ramifications.(2) There is no neces....
The Court held that the long desertion and separation of a spouse would constitute mental cruelty within the meaning of Section 13(ib) of the Hindu Marriage Act, 1955. However, the Court held that it....
The court held that continuous allegations of cruelty and the breakdown of marital relations constitute valid grounds for divorce under the Hindu Marriage Act.
Prolonged separation and lack of cohabitation can establish mental cruelty, warranting divorce under the Hindu Marriage Act.
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