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HARISH TANDON, MADHURESH PRASAD
Sutapa Chakraborty – Appellant
Versus
Gautam Chakraborty – Respondent
JUDGMENT
Madhuresh Prasad, J.—The husband (respondent) had approached the Court seeking a decree of divorce on the grounds of cruelty and desertion. The same has been allowed. The present appeal is by the defendant wife assailing the Judgment and Decree passed in M.A.T Suit No. 72 of 2013 under Section 27 of the Special Marriage Act whereby and whereunder the marriage solemnized between the appellant, with the respondent on 19.04.2006 was ordered to be dissolved.
2. The case of the plaintiff respondent at the trial was that the marriage was solemnized on 19.04.2006. Prior to the marriage being solemnized the plaintiff claims that the plaintiff and respondent were known to each other as they were residing in the same village. The plaintiff claims that the respondent allured the petitioner into marriage by presenting herself to be suffering and in a miserable condition, requiring support. She invoked the sympathy of the petitioner.
3. As per the plaint, just two days after the marriage was solemnized, the defendant appellant started intimidating the plaintiff by threatening him with implication in proceedings under Section 498-A I.P.C. by taking help of her Advocate boyfriend. When t
Divorce – Cruelty and desertion by wife cannot be assumed only on the basis of some photographs shown by husband.
Unfounded baseless allegations by spouse amounts to cruelty and may provide ground for dissolution of marriage.
The court affirmed that the evidence of persistent cruelty justified the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, establishing a clear breakdown of the marital relat....
The main legal point established in the judgment is the evolving concept of 'cruelty' in matrimonial relationships and the court's discretion in determining mental cruelty and irretrievable breakdown....
Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.
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....
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