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HARISH TANDON, PRASENJIT BISWAS
Preeti Singh – Appellant
Versus
Santosh Singh – Respondent
JUDGMENT
Harish Tandon, J.—The wife has filed the instant appeal assailing the judgment and decree dated 8th February, 2018 passed by the Court below dismissing an application for dissolution of marriage filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
2. The application for dissolution of marriage on the ground of cruelty was initiated by the wife alleging that the conduct and the behaviour of the respondent/husband is such which amounts to cruelty. It is further alleged that the husband is a perverted man and made certain proposals which were not acceptable to the petitioner and having forced to undergo with such trauma, it is becoming impossible to live under one shelter. She further stated in the petition that though she gave birth to four children, three daughters and one son but unfortunately, the son died which makes respondent furious and started constant quarrelling and abusing which is unbearable. She further narrated the incident when the younger brother of the respondent sexually assaulted her but despite having reported to the mother-in-law and the respondent, the response was very casual that it is quite normal in the said society. She further stated th
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.
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 ....
Point of Law : Matrimonial Dispute - Cruelty - None of instances of cruelty, pleaded in plaint, would amount to commission of cruelty within meaning of Section 13 of Act, 1955 nor does it satisfy the....
The court held that allegations of cruelty and desertion require clear evidence, which the wife/appellant failed to provide, leading to the dismissal of her application for 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 in marriage can be both physical and mental, and a long separation may constitute grounds for divorce under the Hindu Marriage Act.
Cruelty in marriage can be established through long separation and misbehavior, justifying divorce under the Hindu Marriage Act.
A spouse must substantiate claims of cruelty to dissolve marriage under the Hindu Marriage Act, emphasizing the need for evidence beyond ordinary marital disputes.
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.
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