SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Major Shashi Chauhan – Appellant
Versus
Major Ritu Bhasin – Respondent
JUDGMENT
Neena Bansal Krishna, J.—Vindictiveness, vexation and intolerance are the foes of coherent comprehension. Though the aggrieved person is entitled and well within their rights to avail the remedy under laws, but, crossing the point of “no return” becomes inevitable once the spouses get engulfed in this rabbit hole of criminal litigations. The bullets of unjustified accusations and complaints cause such fatal wounds, leading to unendurable mental and physical acrimony, making it impossible for the spouses to live together.
CM APPL. 30029/2019
1. By way of present application, the applicant/appellant seeks condonation of 45 days’ delay in re-filing the present Appeal.
2. For the reasons and grounds stated in the present application, the application is allowed, the delay of 45 days in re-filing the present Appeal is condoned.
3. Accordingly, the present application is disposed of.
MAT.APP.(F.C.) 172/2019
4. The present Appeal under Section 19 of the Family Courts Act, 1984 has been filed on behalf of the appellant/husband assailing the Judgment and Decree dated 21.12.2018 vide which the Divorce Petition filed by the appellant/husband under Section 13 (1)(ia) of the Hindu Marri
(1) Cruelty – Request for financial support by wife from her own husband cannot be termed as act of cruelty.(2) A dead marriage must be given a decent quietus.
The overwhelming evidence of neglect, refusal of conjugal relationship, and false dowry harassment complaints by the respondent constituted cruelty under Section 13 (1) (ia) of the HMA, 1955.
Unsubstantiated allegations of dowry harassment and domestic violence can amount to mental trauma and cruelty, supporting a finding of desertion and cruelty under the Hindu Marriage Act.
The conduct of parental alienation and refusal to reconcile by one spouse can constitute mental cruelty, justifying divorce under the Hindu Marriage Act.
The main legal point established in the judgment is that specific instances of cruelty must be proven, and reckless, false, and defamatory allegations constitute mental cruelty.
The main legal point established in the judgment is the requirement for concrete evidence to prove allegations of cruelty in divorce cases, and the impact of prolonged litigation on the marital relat....
The main legal point established in the judgment is the interpretation of cruelty in the context of marital relationships, including the impact of mental cruelty, adultery, and false allegations on t....
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