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RONGON MUKHOPADHYAY, DEEPAK ROSHAN
Vivek Kumar – Appellant
Versus
Hanshika Gupta – Respondent
JUDGMENT
Rongon Mukhopadhyay, J.—Heard Mr. Ankit Kumar, learned counsel for the appellant and Mr. A. K. Trivedi, learned counsel for the respondent.
2. This appeal is directed against the judgment and decree dated 21.07.2022 (decree signed on 01.08.2022) passed by Shri Shambhu Lal Shaw, learned Principal Judge, Family Court, Hazaribag in Original Suit No. 249 of 2018 whereby and whereunder the suit preferred by the appellant for dissolution of 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 – husband (appellant herein) had preferred a suit for dissolution of his marriage with the respondent – wife (respondent herein also) in which inter-alia it has been stated that the marriage of the petitioner was solemnized with the respondent on 23.04.2017 at Hotel Guru Nanak Palace, Hazaribag as per Hindu rites and customs. After marriage, both started residing at the parental house of the petitioner situated at mohalla Suresh Colony, Hazaribag. No issue was born out of the said wed-lock. It has been stated that after a few days of marriage, t
Divorce – Normal wear and tear of marital life is not a ground for 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....
To establish cruelty under the Hindu Marriage Act, allegations must demonstrate serious misconduct affecting marital relations, not simply dissatisfaction. The burden of proof lies entirely on the pe....
Cruelty under the Hindu Marriage Act requires substantial evidence demonstrating severe marital discord, unproven allegations do not justify divorce.
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 cannot be granted on an isolated incident of cruelty by wife.
Husband's unproven allegations of wife's religious insistence, cohabitation refusal, and separate living demand do not constitute cruelty; his rebuff of her reconciliation efforts bars divorce as own....
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.
The court established that mental cruelty, evidenced by the respondent's behavior, justified the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act.
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