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REVATI MOHITE DERE, SANDESH D. PATIL
Riya Suralkar – Appellant
Versus
Rahul Suralkar – Respondent
JUDGMENT
Sandesh Patil, J.—Heard the learned counsels appearing for the respective parties.
2. Rule, by consent, rule returnable forthwith.
3. The present Family Court Appeal is directed against the Judgment, Decree and Order dated 5/11/2024 passed by the learned Principal Judge, Family Court, Thane in proceedings bearing number P.A. No. 132/2022, whereby the petition of the petitioner/respondent herein was allowed and the marriage between the parties, which was solemnised on 18/9/2017, was dissolved by a decree of divorce. The present petition is filed by the appellant-wife, who is the respondent in Family Court.
4. The respondent-husband had filed the petition for divorce under Section 27(1)(d) of the Special Marriage Act, 1954. The contention of the respondent-husband was that the marriage between the parties was solemnised on 18/9/2017 in the office of the Registrar of Marriages, Bandra, Mumbai in accordance with the provisions of the Special Marriage Act. The respondent-husband contended that the appellant-wife treated him with cruelty and therefore he sought dissolution of the marriage. The respondent-husband had given details of the manner in which, according to him, the app
Divorce – Merely because proceeding has been ordered to be decided ex parte, does not mean that proceeding has to be decreed automatically.
The right to a fair hearing must be upheld in legal proceedings; ex-parte decrees are void if due process and opportunities to defend are denied.
Family court divorce decree on cruelty ground set aside as perverse for failing to scrutinize counter-allegations and evidence properly; appellate re-appreciation requires preponderance-based reasoni....
The decree of divorce is valid under the principles of desertion and mental cruelty when substantial evidence supports breakdown of marriage.
The main legal point established in the judgment is the mandatory requirement of expeditious trial and disposal under Section 40-B of the Special Marriage Act, 1954, and the limitations on raising ce....
Mental cruelty as a ground for divorce requires clear and convincing evidence; mere allegations without substantiation do not meet the legal threshold for dissolution of marriage under the Hindu Marr....
Allegations of cruelty in divorce cases must be substantiated by consistent and credible evidence; normal marital conflicts do not constitute legal cruelty.
The Family Court properly adhered to expedited action per statutory mandate, confirming established parameters of cruelty by the appellant, validating the dismissal of the appeal.
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