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MOUSHUMI BHATTACHARYA, M. G. PRIYADARSINI
D. Narsimha – Appellant
Versus
D. Anita Vaishnavi – Respondent
JUDGMENT: (Per Hon’ble. Justice Moushumi Bhattacharya)
The appeal arises out of an order dated 02.11.2021 passed by the learned Principal Senior Civil Judge at Mahabubnagar, in H.M.O.P.No.20 of 2018. The appellant’s petition for divorce under Section 13 (1) (i-a) and (i-b) of the Hindu Marriage Act, 1955 (for cruelty and desertion) was dismissed by the Trial Court.
2. A brief factual background to the present appeal follows:
2.1 The appellant and the respondent were married on 01.12.2010 as per Hindu Rites and Customs at Chinna Gollapally Village, Shamshabad Mandal, Ranga Reddy District. The appellant and the respondent experienced difficulties in their marriage from 04.12.2010. The respondent left the appellant for her parents’ house on 01.11.2011. The appellant and the respondent had a child on 13.09.2011. The appellant and the respondent continued to have differences and the respondent filed a complaint to the Station House Officer, Shamshabad, on 11.07.2012. The appellant and his family members obtained anticipatory bail from the Court of the Metropolitan Sessions Judge at Cyberabad on 25.08.2012. The appellant filed a case for divorce vide O.P.No.1353 of 2012 in the Family Court
The court established that repeated filing of criminal cases can constitute mental cruelty, leading to the irretrievable breakdown of marriage.
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....
(1) Divorce – A marriage which is dead for all purposes cannot be revived by court’s verdict if parties are not willing.(2) Burden of Proof – Proceedings under Hindu Marriage Act, 1955 are essentiall....
Cruelty under the Hindu Marriage Act encompasses both physical and mental aspects, assessed on a preponderance of evidence standard.
A dead marriage must be given a decent quietus.
Cruelty and desertion must be proven with specific evidence; irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act.
Cruelty in matrimonial law encompasses both physical and mental aspects, with the impact on the aggrieved spouse being crucial for determining divorce.
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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