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ARINDAM SINHA, M. S. SAHOO
Sasmita Moharana – Appellant
Versus
Susen Kumar Maharana – Respondent
JUDGMENT
Arindam Sinha, J.—Two appeals are before us, preferred against common judgment dated 21st January, 2023 of the Family Court. The judgment was made in C.P. no.19 of 2021, civil proceeding filed by appellant for restitution and C.P. no.128 of 2021, civil proceeding filed by respondent, for dissolution of the marriage. By impugned judgment, case for restitution was dismissed and the marriage dissolved. Appellant was wife in the marriage. Mr. Dash, learned advocate appears on behalf of appellant and Mr. Sahoo, learned senior advocate, for respondent.
2. Mr. Dash submits, the marriage was solemnized on 13th July, 2020. It was a negotiated marriage upon observing Hindu rites and rituals. On 25th October, 2020, to understanding of the parties regarding customary tradition for appellant visiting her paternal home, her brother took her there. The occasion was ‘Kumar Purnima’. She had left the matrimonial home on assurance by respondent and his father that after 15 days they will go to Dhenkanal, to bring her back. However, after lapse of one month they did not turn up. She accompanied by her father and other relatives came to her matrimonial home on 8th January, 2021. Her father-in
Divorce – Grant of permanent alimony to wife is discretion of Court.
False allegations made in legal proceedings can constitute mental cruelty, warranting divorce under the Hindu Marriage Act.
The court upheld the dissolution of marriage based on established grounds of cruelty and desertion, emphasizing the irretrievable breakdown of the marital relationship.
Cruelty and desertion are valid grounds for divorce under the Hindu Marriage Act, particularly when the marriage is irretrievably broken down.
Claims of cruelty and desertion must be substantiated; mere allegations do not suffice under Hindu Marriage Act, leading to the dissolution of the marriage.
Evidence of mental cruelty was established, justifying dissolution of marriage under Hindu Marriage Act, where irretrievable breakdown of marriage was not independently recognized as a ground.
The court established that cruelty must entail a series of acts creating an intolerable living situation, rather than isolated incidents, with earlier findings influencing the outcome of divorce peti....
(1) Divorce – Registration of criminal case against a person and making him/her face criminal trial without there being any fault on his/her behalf would certainly put them to trauma and turmoil and ....
The court determined that mental cruelty and prolonged separation are legitimate grounds for divorce under the Hindu Marriage Act.
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