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SUSHRUT ARVIND DHARMADHIKARI, PRANAY VERMA
Omprakash S/o Shriram Bhaawsar – Appellant
Versus
Sangeeta W/o Omprakash Bhaawsar – Respondent
JUDGMENT
S.A. Dharmadhikari, J.—This First Appeal under Section 19 of the Family Courts Act read with Section 28 of the Hindu Marriage Act 1955 (hereinafter referred to as the Act) has been filed by the appellant being aggrieved by the judgment and decree dated 25.11.2017 passed by the Principal Judge, Family Court Dewas, Camp Court Barwani, District Barwani in H.M.A. Case No. 21-A/2016, whereby the application filed by the appellant/husband seeking divorce under Section 13 of the Act has been dismissed.
2. The brief facts of the case are that the marriage between the appellant/husband and the respondent/wife was solemnized in the year 2004 as per Hindu rites and customs. From the wedlock, they have a son named Prince. After sometime, behaviour of the respondent/wife started changing. She used to quarrel with the appellant and raised doubt about his character, threatening to involve him in false case. Being aggrieved, appellant/husband filed a suit for divorce which was later withdrawn by him vide order dated 26.11.2014 on the basis of assurance given by the respondent/wife that she will not misbehave with him in future. However, the respondent/wife again started misbehaving with t
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.
Cruelty in matrimonial relationships can be inferred from sustained neglect and false allegations, entitling a spouse to divorce under Hindu Marriage Act.
Long separation can amount to legal cruelty under the Hindu Marriage Act, justifying the dissolution of marriage.
Cruelty and abandonment constitute valid grounds for divorce under the Hindu Marriage Act, where neglect and long separation are treated as factors leading to irreversible breakdown of the marriage.
Prolonged separation and absence of cohabitation constitute mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, justifying divorce.
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....
Cruelty as a ground for divorce under the Hindu Marriage Act requires substantial proof, which was not established in this case.
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