B. P. ROUTRAY, CHITTARANJAN DASH
Priyanka Nayak Pradhan – Appellant
Versus
Pranaya Pradhan Nayak – Respondent
JUDGMENT
B.P. Routray, J.—Heard Mr. M.B. Das, learned counsel for the Appellant-Wife and Mr. H. Mohapatra, learned counsel for the Respondent-Husband.
2. Present appeal is directed against the impugned judgment dated 10.07.2023 passed by learned Judge, Family Court, Puri in C.P. No.123 of 2019, wherein the decree of divorce has been granted at the behest of the Husband dissolving the marriage between the parties without any grant of permanent alimony.
3. The Wife-Appellant has come up in challenging the said judgment dated 10.07.2023 and according to her submissions, the ground of cruelty, based on which, the learned Family Court has granted decree of divorce is not established on record. It is further submitted on behalf of the Wife-Appellant that, it was the Husband, who compelled the Wife to leave the matrimonial companion and till date the Wife is staying separately in her parent’s house since 25.03.2018.
4. The admitted facts of the case are that, marriage between the parties solemnized on 1.6.2016 according to Hindu rites and customs. It is alleged on the part of the Husband that, the Wife was always passing comments towards physical infirmity of the Husband, for which unplea
Divorce – Cruelty by wife – A person is expected to give respect to another person in general and where it comes to relationship of Husband and Wife, it is expected that Wife should support Husband d....
Mental cruelty requires substantial evidence; trivial marital disputes do not justify divorce. Courts emphasize mutual tolerance and comprehensive assessment of conduct over time in marriage.
Cruelty, including doubts on chastity and physical assault, constitutes valid grounds for divorce under the Hindu Marriage Act, recognizing the irretrievable breakdown of marriage.
Cruelty, both physical and mental, constitutes valid grounds for divorce under Section 13(1)(ia) of the Hindu Marriage Act, assessed on the severity of the impact on the victim spouse.
Cruelty for divorce includes both physical and mental acts that cause reasonable apprehension of harm in matrimonial relationships.
Mental cruelty under the Hindu Marriage Act necessitates substantial and persistent conduct impacting responsibilities; trivial matters do not suffice for divorce.
Mental cruelty includes ongoing suspicion and psychological abuse by a spouse, which may justify divorce when it renders the marriage intolerable.
Cruelty in marriage can be established through its impact on the spouse, not solely through direct evidence of misconduct.
In cases of matrimonial disputes pertaining to cruelty, parties are required to describe the measure and standard of cruelty and provide cogent evidence.
The judgment emphasizes the need to consider the cultural, ethical, and social aspects of the parties' lives in determining cruelty in matrimonial disputes, as well as the importance of ascertaining ....
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