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BIREN VAISHNAV, NISHA M. THAKORE
Rohan Hirendrasingh Bayed – Appellant
Versus
Deepika – Respondent
JUDGMENT (CAV)
Biren Vaishnav, J.—This appeal has been filed by the appellant –husband on being aggrieved by the judgement and decree dated 12.06.2019, passed by the Family Court No.3, Surat. By the aforesaid judgement and decree, the Family Suit No. 350 of 2014 filed by the appellant – husband, under Section 13(1)(i-a) of the Hindu Marriage Act, has been dismissed.
2. Facts in brief are as under:
2.1 The appellant and the respondent got married on 11.07.2008 at Kolkata. It was the case of the appellant that a daughter ‘Aaradhya’ was born out of the wedlock on 05.03.2012.
2.2 According to the appellant, the couple went to the United States of America, and thereafter to Canada. It is the case of the appellant that the respondent – wife was habitual to live a high standard life which the appellant was incapable of fulfilling.
2.3 The case of the appellant further was that since the in-laws were at Surat, he was pressurized into coming back to Surat and engage in a business of a transport agency arranged by his father-in-law. There was a continuous interference in the family matters at the instance of his in-laws and this resulted in cruelty at the hands of wife, and therefore, he sou
Divorce – Allegation of cruelty has to be considered viewing marriage life as a whole.
The main legal point established in the judgment is the recognition of mental cruelty in marriages, the impact of long periods of separation on the matrimonial bond, and the obligation of the court t....
Persistent pressure from a spouse to separate from family constitutes mental cruelty justifying divorce.
The main legal point established in the judgment is the application of the concept of mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and the consideration of irretrievable b....
Long separation between spouses can constitute mental cruelty, justifying divorce in cases where marriage has become unworkable.
Trivial marital conflicts do not equate to legal cruelty; however, persistent destructive behavior affecting a spouse’s mental well-being can justify divorce under Section 13(1)(ia) of the Hindu Marr....
The main legal point established in the judgment is the concept of irretrievable breakdown of marriage and mental cruelty, as applied to the grounds of cruelty and desertion under Section 13 of the H....
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