Hindu Marriage Act, 1955 — Sections 28 & 13(1)(i-a)

May 6th, 2013

Hindu Marriage Act, 1955 — Sections 28 & 13(1)(i-a) — Divorce on the ground of cruelty — Findings of trial court based on evidence and detailed reasoning, Sustainability of — Parties residing together for very short period of time, Effect of — Decree passed by the ADJ by which the divorce petition of respondent/husband allowed and the marriage between the parties is dissolved by decree of divorce on the ground of cruelty — Challenged — Held, parties have lived together only for 7 months and for the last 25 years they are living separately and are litigating since 1990 — The efforts of reconciliation made from time to time by this court as well as before the court below have failed — Considering their family background, social status, their education, the positions on which they are working i.e. one is a Judicial Officer in Delhi and the other is a Senior Government Officer, the conduct complained of by the respondent is grave and weighty and the same constitutes mental cruelty within the meaning of Section 13(1)(ia) of the Act — The Ld. trial court has given detailed reasoning supported with relevant case law in coming to conclusion that behavior and conduct of appellant caused mental agony to respondent — After examining the evidence led by the parties in detail, there is no ground to interfere with the reasoning and conclusions arrived at by the trial court — There is no perversity or illegality in the impugned order — No case for interference is made out — Consequently, appeal is dismissed.

(Para 72)

Suman Kaushik v. N.P. Kaushik, Mat. App. 92/2009(14/01/2013), 2013(2) AD(Delhi) 50: 2013(134) DRJ 48: 2013(198) DLT 158 [Veena Birbal, J.]

Entry Filed under: Judgements,Matrimonial Laws