Appellant approached the Hon’ble High Court to seek divorce from the Respondent on grounds cruelty Section 13 (i)(ia) of the Hindu Marriage Act, 1955. It was kept by the Appellant side that the Appellant was a divorcee and got into second marriage along with Respondent due to circumstantial pressure, as Respondent made Appellant to accept the for marriage on her false claim of being pregnant. Appellant kept many accusations on the Respondent upon her Character.
While the Respondent kept completely contrary submission in her written submission to that of the Appellant’s. Respondent alleged that the prior motive of the Appellant was to grab money from the Respondent. Respondent submitted her bank transactions before the court and also said that she was subjected to mental cruelty by the Appellant. It was also provided that even for her delivery of pregnancy she had no support from her husband.
On hearing to the both submissions, the court provided that, the Appellant had made serious allegations against the character of the Respondent so much so that he even declined the parentage of his two children and admitted in his evidence that he did not want to reside with the children. The Appellant made false claim of adultery, which was not supposed by any evidence whatsoever.
Justice Suresh Kumar Kait and Justice Neena Bansal Krishna have rightly provided, ‘Marriage is a relationship which flourishes when nurtured with absolute trust and compassion and a healthy relationship never demands sacrifice of one’s dignity. Inevitably, it whittle down when sprinkled with accusations on character, fidelity and charity of the spouse and becomes beyond redemption when the devastating effects of this one-sided barrage of accusations is topped with rejection of Paternity and legitimacy of the innocent children, by their own father.’
Justices on siting to various cases and precedents, finally observed that Appellant was not able to prove his allegations made against the Respondent. Stating that he made a vague and general allegations regarding threats to commit suicide and implication in criminal cases. Justices finally concluded that the Divorce Petition by the Appellant is liable to be dismissed and given that it is not on the grounds for divorce under cruelty as without merit.
Reference : SS v. SR. Mat. App. (F.C.) 118/2022 & CM APPL. 34637/2022
Name : GOPIKA PR, Second Year of B.A.,L.L.B, The Central Law College, An Intern from Legal Vidhiya in Legal Journalism
Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is of a personal nature
