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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIVEK RUSIA, GAJENDRA SINGH
Bhuribai – Appellant
Versus
Bheemsingh – Respondent
| Table of Content |
|---|
| 1. wife's appeal against trial court (Para 9 , 10 , 11 , 12) |
| 2. mediation attempts and evidence review (Para 13) |
| 3. mental cruelty established (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. marriage dissolved (Para 24) |
JUDGMENT :
GAJENDRA SINGH, J.
1. First Appeal No.377/2020 is preferred by the wife/appellant being aggrieved by the judgment and decree dated 11.02.2020 in RCSHM No.62/2016 whereby the petition for divorce on the ground of cruelty under section 13(1)(ia) of the Hindu Marriage Act, 1955 has been rejected and First Appeal No.388/2020 is preferred being aggrieved by the judgment and decree dated 14.02.2020 in RCSHM No.61/2018 whereby the decree of restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955 has been passed in favour of respondent/husband against the wife/appellant by Principal Judge, Family Court, Shajapur.
2. Facts in brief are that a marriage was solomnized on 01.05.2015 as per Hindu rituals including saptpadi in village Kohdiya Koshalpur, district Shajapur. At the time of marriage appellant/petitioner Bhuribai has cleared 12th standard and she expressed her desire to continue studies. The parents and family membe
Mental cruelty can be established through conduct that forces a spouse to abandon their aspirations, justifying divorce under the Hindu Marriage Act.
Divorce – Cruelty by husband – Compelling wife to discontinue her studies or creating such an atmosphere that she is put in a position not to continue her studies is equivalent to destroy her dreams ....
Cruelty in matrimonial law encompasses both physical and mental aspects, with the latter requiring a cumulative assessment of conduct that causes reasonable apprehension of harm to the aggrieved spou....
Husband's unproven allegations of wife's religious insistence, cohabitation refusal, and separate living demand do not constitute cruelty; his rebuff of her reconciliation efforts bars divorce as own....
Solemnization of second marriage by wife during subsistence of first constitutes mental cruelty, justifying divorce; additional evidence thereof admissible in appeal.
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....
Divorce – Though irretrievable break down of marriage is not a ground for divorce, but long time separation would lead to mental cruelty.
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