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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIVEK RUSIA, BINOD KUMAR DWIVEDI
Rajesh – Appellant
Versus
Neha – Respondent
JUDGMENT :
Binod Kumar Dwivedi, J.
With the consent of the parties these appeals are being heard finally. Regard being had to the similitude in the controversy involved and commonality of parties, both the appeals are analogously heard and are being disposed of by common order.
2. In F.A.No.1082/2016 appellant is husband-Rajesh and in F.A.No.920/2024, appellant is wife-Neha and minor daughter divyanshi. F.A.No.1082/2016 has been preferred by the appellant/husband under Section 19 of the FAMILY COURTS ACT , 1984 (hereinafter referred to as 'the Act, 1984' ) assailing the judgment dated 22.11.2016 passed by Principal Judge, Family Court, Mandsaur in HMA Case No.109/2015 whereby petition for divorce under Section 13 of the HINDU MARRIAGE ACT , 1955 (hereinafter referred to as 'the Act, 1955') filed on behalf of the appellant/husband has been dismissed whereas F.A.No.920/2024 has been preferred by the respondent/wife assailing the judgment dated 01.03.2024 passed by Principal Judge, Family Court, Ratlam in HMA Case No.20- A/2017 whereby her petition filed under Section 9 of the Act, 1955 for restitution of conjugal rights has been dismissed.
3. It is not in dispute that appellant and the
Cruelty in matrimonial relationships can be inferred from sustained neglect and false allegations, entitling a spouse to divorce under Hindu Marriage Act.
A dead marriage must be given a decent quietus.
Cruelty in matrimonial law encompasses behavior causing significant emotional distress, and long-term separation without cohabitation can establish grounds for divorce under the Hindu Marriage Act.
Divorce – Cruelty may be mental or physical – It may be intentional or unintentional – It is a matter of inference to be drawn by considering nature of conduct and its effect on complaining spouse.
Mental cruelty under the Hindu Marriage Act necessitates substantial and persistent conduct impacting responsibilities; trivial matters do not suffice for divorce.
Long separation can amount to legal cruelty under the Hindu Marriage Act, justifying the dissolution of marriage.
Cruelty as a ground for divorce under the Hindu Marriage Act requires substantial proof, which was not established in this case.
Divorce—Cohabitation between husband and wife is one of essential part of a marriage and not submitting by either spouse for relationship may be one of grounds of treating other spouse with cruelty—D....
Mental cruelty requires substantial evidence; trivial marital disputes do not justify divorce. Courts emphasize mutual tolerance and comprehensive assessment of conduct over time in marriage.
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