Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Moushumi Bhattacharya, Gadi Praveen Kumar
................ – Appellant
Versus
................ – Respondent
JUDGMENT :
Gadi Praveen Kumar, J.
1. The present Appeal is filed by the appellant/unsuccessful husband being aggrieved by the orders passed by the learned Judge, Family Court at L.B. Nagar, Ranga Reddy District in O.P.No.1207of 2011 dated 04.06.2015, which is filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short ‘the Act’) seeking dissolution of marriage between the appellant and respondent held on 05.09.2007.
2. The brief facts leading to the filing of O.P. before the learned Trial Court are that the appellant was married to the respondent on 05.09.2007 as per Hindu customs and traditions and they lived together at Nellore for about three months. The appellant contended that during their stay at Nellore, the respondent developed a negative attitude towards the appellant and started abusing and ill-treating him in different ways. Thereafter, the respondent being an employee, transferred to Hyderabad and as such, they shifted their family to Bowinapally, Hyderabad for about 9 months. During the said stay, the respondent developed ego problem and started humiliating the appellant and also used to leave the house as per her whims and fancies. The appellant contends tha
Even trivial disputes in marriage do not constitute cruelty or desertion without substantial proof, and the responsibility for maintaining marital relations lies on both parties.
The main legal point established in the judgment is the requirement for specific and substantiated instances of cruelty and desertion to support claims under Section 13(1)(ia) (ib) of the Hindu Marri....
Persistent insistence on separate residence without justifiable reason constitutes an act of cruelty, and filing of false complaints and prolonged deprivation of conjugal rights can lead to mental cr....
An irretrievable breakdown of marriage is not a ground for divorce under Sec. 13 of the Hindu Marriage Act, 1955, and the marriage cannot be dissolved solely based on the parties living separately fo....
The court emphasized the necessity of specific evidence to substantiate claims of cruelty and desertion in divorce proceedings.
The uncontroverted testimony of a party can be accepted as evidence, and a presumption can be made in favor of the other party when they do not testify.
The court emphasized that cruelty must be substantial enough to justify divorce, reaffirming that minor disputes do not legally constitute cruelty under the Hindu Marriage Act.
Divorce - Cruelty - Onus to prove allegations of cruelty is on person who alleges it – Standard of proof required in matrimonial disputes is of preponderance of evidence.
“Desertion” means desertion of petitioner by other party to marriage without reasonable cause and without consent or against wish of such party.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
