B. P. ROUTRAY, CHITTARANJAN DASH
Tanya Mishra – Appellant
Versus
Satya Shankar Panda – Respondent
JUDGMENT
Chittaranjan Dash, J.—By means of this appeal, the Appellant has challenged the judgment dated 12.12.2023 passed by the Learned Judge, Family Court, Bhubaneswar, in C.P. No. 959/2018, whereby the petition filed by the Appellant under Sections 12(1)(a) and 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as “HMA”), seeking a decree of nullity and/or dissolution of marriage on the ground of cruelty, was dismissed.
2. The background facts of the case are that the marriage between the Appellant-Wife and the Respondent-Husband was solemnised on 30.01.2015 at Bhubaneswar as per Hindu customs. After marriage, the parties began cohabiting as husband and wife and undertook several domestic and international trips, including to Australia, Maldives, Goa, Mumbai, Vizag, Puri, Siridi, Coorg, and Mysore. However, the Appellant alleged that despite the apparent normalcy, the marriage was marred by emotional and mental cruelty inflicted by the Respondent and his family, including persistent dowry demands, humiliation, and psychological abuse. She further claimed that the marriage was never consummated owing to the Respondent’s unwillingness or incapacity, and that she was
Divorce – Legal threshold for divorce on the ground of cruelty is stringent and must be supported by cogent and consistent evidence – Courts are bound to adjudicate not on sentiment, but on facts and....
The court held that mental cruelty requires substantial evidence, ruling that the appellant failed to prove allegations of non-consummation and cruelty, affirming the Family Court's ruling.
Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.
Point of Law : Once parties have separated and the separation has continued for a sufficient length of time and one of them has presented a petition for divorce, it can well be presumed that marriage....
Mental cruelty can be established through sustained defamation and allegations affecting dignity, supporting grounds for divorce under the Hindu Marriage Act.
Persistent insistence on separate residence without justifiable reason constitutes an act of cruelty, and filing of false complaints and prolonged deprivation of conjugal rights can lead to mental cr....
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