SHREE CHANDRASHEKHAR, GAUTAM A. ANKHAD
Yogendra Lahu Bhoir – Appellant
Versus
Prema Yogendra Bhoir – Respondent
JUDGMENT
Gautam A. Ankhad, J.—This is an unfortunate litigation that has lasted for more than a decade. The appellant’s petition seeking divorce and dissolution of his marriage on the ground under Section 13(1) (i-a) of the Hindu Marriage Act, 1955 has been dismissed by the judgment dated 15th May 2019 passed by the Family Court. He has impugned the same in this appeal.
2. Before we deal with the issues in this appeal, to give a complete perspective for the order we propose to pass, some facts and events that have transpired before the filing of this appeal are stated as under:—
(a) The marriage between the appellant and the respondent was solemnized on 10th May 2006. On 18th June 2007, the parties were blessed with a son, Harsh Bhoir, who has now attained the age of majority.
(b) From 2008 onwards, marital discord began between the parties. There were several allegations and counter allegations. On 2nd September 2012, the respondent left the matrimonial home and since then, the parties have been residing separately.
(c) From 2013 onwards, multiple litigations ensued between the parties, including:—
(i) On 24th June 2013, the appellant filed a divorce petition before the Family C
(1) A dead marriage must be given a decent quietus.(2) Cruelty may be physical or mental, intentional or unintentional – When allegation pertains to physical cruelty, it becomes a question of fact an....
Cruelty, as defined under the Hindu Marriage Act, allows for divorce when prolonged separation and mutual hostility inflict emotional pain, rendering cohabitation intolerable.
Cruelty as a ground for divorce under the Hindu Marriage Act requires substantial proof, which was not established in this case.
Cruelty in marriage can be both physical and mental, and a long separation may constitute grounds for divorce under the Hindu Marriage Act.
A dead marriage must be given a decent quietus.
(1) Repeatedly filing of criminal cases by one party against other in a matrimonial matter would amount to cruelty.(2) A marriage which has broken down irretrievably, spells cruelty to both parties –....
Cruelty in matrimonial law encompasses both physical and mental aspects, with the latter requiring a cumulative assessment of conduct that causes reasonable apprehension of harm to the aggrieved spou....
Cruelty in matrimonial law encompasses behavior causing significant emotional distress, and long-term separation without cohabitation can establish grounds for divorce under the Hindu Marriage Act.
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