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RONGON MUKHOPADHYAY, DEEPAK ROSHAN
Vikram Kumar – Appellant
Versus
Reshma Kumari – Respondent
JUDGMENT
Heard Mr. Dilip Kumar Prasad, learned counsel appearing for the appellant and Mr. Rakesh Kumar Sinha, learned counsel appearing for the respondent.
2. This appeal is directed against the judgment and decree dated 18.12.2019 (decree signed on 6.1.2020) passed by Shri Peeyush Kumar, learned Principal Judge, Family Court, Bokaro in Original Suit No.142 of 2017 whereby and whereunder the suit preferred by the appellant for dissolution of his marriage with the respondent has been dismissed.
3. For the sake of convenience, both the parties are referred to in this judgment as per their status before the learned court below.
4. The petitioner (appellant herein) had preferred a suit under section 13(1)(ia) of the Hindu Marriage Act, 1955 for dissolution of his marriage with the respondent (respondent herein also), in which inter alia it has been stated that the marriage between the petitioner and the respondent was solemnized on 4.12.2011 at Isri Bazar, Giridih. The petitioner at the time of his marriage was working as a Software Engineer in Bangalore whereas the respondent was a graduate. After marriage, the petitioner and the respondent started residing in No. 502 Vijay Mansion,
Divorce – Staying separate for more than a decade would not be construed to be an irretrievable break down of marriage.
The main legal point established in the judgment is the criteria for proving cruelty in a matrimonial relationship under Section 27(1)(d) of the Special Marriage Act, emphasizing the need to distingu....
Divorce – Normal wear and tear of marital life is not a ground for divorce.
Cruelty under the Hindu Marriage Act requires substantial evidence demonstrating severe marital discord, unproven allegations do not justify divorce.
Cruelty, as a ground for divorce under the Hindu Marriage Act, requires substantial proof of conduct that severely impacts the mental or physical well-being of the other spouse, making cohabitation i....
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.
Divorce cannot be granted on an isolated incident of cruelty by wife.
The main legal point established in the judgment is that persistent filing of false complaints and allegations by one spouse against the other can amount to mental cruelty, leading to the dissolution....
The court ruled that isolated incidents of alleged mental cruelty, lacking consistent evidence, do not justify the dissolution of marriage under the Hindu Marriage Act.
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