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SHARAD KUMAR SHARMA, SHARAD KUMAR SHARMA
Umesh Chandra Chamola – Appellant
Versus
Seema – Respondent
JUDGMENT
Sharad Kumar Sharma, J.—The instant First Appeal, has been preferred by the plaintiff/appellant by invoking Section 28 of the Hindu Marriage Act, whereby the plaintiff/appellant, has put a challenge to the impugned judgement dated 13th September 2010 and a consequential decree, as passed on it on 20th September 2010 by the Court of District and Sessions Judge, Tehri district at new Tehri in Original Suit No. 35 of 2007, Umesh Chandra Chamola Vs. Smt. Seema. As a consequence of the impugned judgement and decree, the Suit preferred by the plaintiff/appellant, seeking dissolution of marriage dated 18th May 2001, had been dismissed.
2. This case revolves around a very peculiar facts and circumstances. The case of the plaintiff/appellant, in the proceedings, as drawn before the learned trial Court on 24th July 2007, it was based upon a fact, that the marriage between the plaintiff/appellant and the defendant/respondent, was solemnized on 18th May 2001, in accordance with the Hindu customs and rituals, which initially continued for certain time under a cordial relationship. As a consequence thereto, the defendant/respondent, had given birth to a girl child, who was born out of th
The court determined that mental cruelty and prolonged separation are legitimate grounds for divorce under the Hindu Marriage Act.
Cruelty and desertion are valid grounds for divorce under the Hindu Marriage Act, particularly when the marriage is irretrievably broken down.
The main legal point established in the judgment is that making false and frivolous allegations against a spouse and subjecting them to a long trial constitutes cruelty, entitling the other spouse to....
(1) Divorce – Registration of criminal case against a person and making him/her face criminal trial without there being any fault on his/her behalf would certainly put them to trauma and turmoil and ....
Mental cruelty justifies divorce; unilateral refusal of cohabitation and long-term separation erode marital obligations under Hindu Marriage Act.
Cruelty under the Hindu Marriage Act requires substantial evidence demonstrating severe marital discord, unproven allegations do not justify divorce.
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