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ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Sangeeta Gera – Appellant
Versus
Sanjeev Gera – Respondent
JUDGMENT
Anil Kshetarpal, J.—This present batch of connected Appeals arises out of the same matrimonial proceedings being HMA No. 1061/2017, titled Mr. Sanjeev Gera v. Mrs. Sangeeta Gera, and involves the same set of parties. The first three appeals, being MAT.APP.(F.C.) 217/2017, MAT.App.(F.C.) 102/2018 and MAT.App. (F.C.) 20/2018, assail the interim Order in the proceedings dated 06.12.2017. The last appeal, MAT APPL.(F.C.) 38/2019, is filed by Sh. Sanjeev Gera against the Judgement dated 15.1.2019, wherein his petition for dissolution of marriage under Section 13(1)(a) and (b) of the Hindu Marriage Act, 1955 [hereinafter referred to as “HMA”] was dismissed.
2. These Appeals, having arisen from the same lis and involving the same parties, are being disposed of by this common judgment with the consent of learned counsel for the respective parties.
3. For convenience of reference, the parties shall be referred to as per their status and rank in the main case, i.e., MAT.APP.(F.C.) 38/2019. Sh. Sanjeev Gera shall hereinafter be referred to as the Husband/Appellant, and Smt. Sangeeta Gera as the Wife/Respondent.
Appeals and Reliefs:
i. MAT.APP.(F.C.) 217/2017: filed by the Respondent ch
(1) Maintenance Pendente lite – Parallel proceedings under Section 125 of Cr.P.C. are independent in nature, and maintenance awarded therein shall continue to operate for sustenance and betterment of....
Grounds for divorce under Hindu Marriage Act must be substantiated by convincing evidence; mere allegations of cruelty or adultery without proof do not warrant decree of divorce.
The appeal court found the Family Court's dismissal of divorce due to cruelty and desertion to be perverse, establishing that the husband's behavior justified dissolution of marriage.
Cruelty and abandonment constitute valid grounds for divorce under the Hindu Marriage Act, where neglect and long separation are treated as factors leading to irreversible breakdown of the marriage.
Cruelty, either mental or physical, can justify a decree of divorce under the Hindu Marriage Act if it causes suffering that prevents a spouse from continuing together.
For a decree of divorce under cruelty or desertion, credible evidence substantiating these claims is essential. The court found no such evidence and upheld the Family Court's decision.
Desertion under Hindu Marriage Act necessitates intentional abandonment without reasonable cause, established through a fact of separation and the intent to permanently cease cohabitation.
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