Back
IN THE HIGH COURT OF TRIPURA AT AGARTALA
T. AMARNATH GOUD, BISWAJIT PALIT
Kanika Datta Chowdhury – Appellant
Versus
Biswajit Chowdhury – Respondent
JUDGMENT :
T. AMARNATH GOUD, J.
1. This present appeal has been filed under Section 28 of the Hindu Marriage Act, 1955, read with Section 19(1) of the Family Courts Act, 1984, challenging the Judgment and Order dated 06.04.2024, passed in T.S(Div) No. 136/2021 by the learned Judge, Family Court, Belonia, South Tripura, whereby the learned Court below dismissed the suit filed by the appellant-wife against the respondent-husband seeking dissolution of marriage under Section 13(i-a) of the Hindu Marriage Act, 1955.
2. The brief facts of the case are that on 26.04.2011, the appellant married the respondent as per Hindu rites and customs at Owangchara, Belonia. Out of their wedlock, a girl child, namely Adrija Chowdhury, was born. They lived together as husband and wife until 07.01.2020, when her husband and in-laws started to physically assaulted her. It is also alleged that after the solemnization of marriage, her husband hit her on the face and back and subjected her to physical abuse multiple times, treating her with cruelty. Furthermore, the appellant claimed that she was entitled to the return of her jewellery and accessories. Subsequently, she filed the aforementioned petition i.e.,
Cruelty in marriage can be both physical and mental, and a long separation may constitute grounds for divorce under the Hindu Marriage Act.
(1) A dead marriage must be given a decent quietus.(2) Cruelty may be physical or mental, intentional or unintentional – When allegation pertains to physical cruelty, it becomes a question of fact an....
The judgment emphasizes the need to consider the cultural, ethical, and social aspects of the parties' lives in determining cruelty in matrimonial disputes, as well as the importance of ascertaining ....
Divorce – Act of cruelty which can be reasonably perceived in one case may not be a cruelty in another case because of disparity in environment in which parties have grown up.
Cruelty, as defined under the Hindu Marriage Act, allows for divorce when prolonged separation and mutual hostility inflict emotional pain, rendering cohabitation intolerable.
Cruelty in marriage can be established through long separation and misbehavior, justifying divorce under the Hindu Marriage Act.
A dead marriage must be given a decent quietus.
Solemnization of second marriage by wife during subsistence of first constitutes mental cruelty, justifying divorce; additional evidence thereof admissible in appeal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
