How courts give Divorce?

By tanya Saraswat

We all know that marriage is one of the best moments of every individual’s life and we all some on the other part want to marry someone and wants to have our partner to be loyal and will stable to give us better company so that we will grow as an individual. As an individual we human always crave to have good or the best companionship with our partners and that partner will give us best of their guidance to run the battel of life along with our partner.

Marriage is not about having only one person as a partner in the life or to just enjoy the conjugal rights over one person. It is wedlock where two individuals’ come together to help each other or to make promises to help each other in every way. Marriage is the promise between husband and wife to stay together and live together in every thick and throw of the life.

Where there is happiness there is obviously the unhappiness that lies together but some time, they become that big which can easily spoil the beautiful relationship of the individuals and give them high grief and soreness. When a marriage exists, there is definite chances of the fights on different opinions, thoughts, perceptions and in the anger the couple forget to relay on the words of the other person and start the blame game that leads to anger, misconceptions, misbehavior on the weeded party.

Here in the Indian Society that is continuously trying to evolve but still because of the some or the other reason stopped themselves to adopt the modern thinking start blaming the individuals.

The family of the men starts blaming the girl and the family of girl start blaming the boy; but this is not always said to be incorrect that all the male are not same as well as all the females are not the same. The first Question that comes in our mind that says that “Is this correct that the Husband waived his hand on the Wife and try to beat her? Or Is it correct that the wife was having any extra marital affair with some body? Or Where is all the Gold Ornaments went? Is the Girl is like Looteri Dulhan?” all kind of assumptions we made irrespective of knowing the true and correct facts.

To clarify some of our doubts the various HIGH COURTS from all over the INDIA set some of the judgments that give relief to the society. Some of them are in favors of males and some will be in favors of females.

JUDGMENTS on Section 13 Of HMA

  1. Binod Vs. Sophy

That the said appeal was allowed by the Kerala High Court in favor of the appellant Husband. In the petition that has been field by the wife and she was adored with 51 sovereigns of gold ornaments at the time of marriage and 48 sovereign’s other gold belongings of her. While asking for gold ornaments entrustment it is said by the court in the another matter that BOP, “Burden of Prove” lies on the plaintiff in the matter of the entrustment of Gold Ornaments.

In the said matter the Apex court also quoted that another matter “Pankajakshan Nair Vs. Shulaja & Another (2017)” that at the time of filing the matter the wife made numerous of bogus allegations and as they are fake in nature, she fails to give any evidence that helps her to prove the demand for dowry and the court found that the wife voluntarily separated from her husband and her matrimonial family that itself leads to cruelty over the Appellant/Husband.

In the said matter the Apex Court again take reference from the another matter and quoted that “Separation itself amounts to cruelty” said by the three Judges bench of The Supreme Court India.

She/wife fails to explain the actual amount or the actual weight of the gold ornaments and at the time of cross-examination she fails to explain the court about her own words that leads to contradiction in her statements that has been submitted to different places. She also fails to explain about the entrustment of gold ornaments that in who’s possessions are they.

She also failed to explain about the letter in which she herself concluded that she is having the ornaments within her possession. The court observed that she failed to give appropriately right statement and make allegations that her ornaments were taken by her in-laws at next day of her marriage.

The High Court observed and found that the wife/respondent fails to prove entrustment and appropriation of gold ornaments.  The appeal is allowed and passed decree for divorce in favor of husband.

  • Lijmol Vs. K.B BIJU

That the said appeal was allowed by the Kerala High Court in favor of the appellant wife.

It is notifying that the marriage between both the parties was an arranged marriage. That during the marriage it was shown by the respondent and his family that before the marriage husband is having very reputed job and was earning good salary. It was also showcase by the family members of the husband that he was owning a very good l` avish house and having his own car, but after the f ew time later the wife got to know that the respondent got suspended from his job because of some of his job and the car which he said he was owning was actually rented and it was all done for the temporary purpose.

It is also stated by the wife that during the marriage the family of the appellant’s family    spent lot of money to make the wedding as perfect as the respondent’s expectations. It is also stated by the wife that she gave 349 grams old ornaments and 1 lakh in cash.

In the case all the ornaments as well as the objects were taken by the respondent and was alleged by the appellant that she was threaten for dowry demands of Rupees 10 Lakhs, but the respondent denied that the gold ornaments were not in the possession of the respondent and his family as the respondent himself failed to produce the evidence in his favor.

In the said appeal the apex court quoted another judgment “Mayadevi vs. Jagdish Prasad” the court observed that “Physical violence is not absolutely essential to constitute cruelty”  

Divorce was granted in favor of wife as the lady was harassed and on account of mental cruelty the divorce was granted in favor of appellant wife.  

  • D. Subramanyam Raju vs. d. Lakshmi Devi

In the present matter the husband wants to break the wedlock on the bases of cruelty and on the bases of desertion, he is also seeking for the divorce.

That after three months after the marriage they start living separately and the situation with the both become as worst as the families have to come together for the purpose of mediation.

Both the parties were imposing allegations on each other regarding the cruelty and desertion and on the account of respondent made allegation that the wife left the husband even after coming back from Kuwait to India and never tried to accompany the respondent and on the other hand the petitioner stated that she went to meet the respondent in India after returning back from Kuwait. She also said that the husband asked the respondent to share some of percentage of her salary with him. The appellant also alleged that his wife was deserted the marriage but after the finding of evidences the court observed even after not living together, they used to meet each other occasionally or once in a month. The court observed that the respondent not deserted the appellant but the appellant deserted the respondent and respondent had subjected the appellant to cruelty and court finds that there is lack of evidence on the grounds of the desertion and cruelty made by the wife, the court finds evidence that there is desertion on the part of the respondent that too without reasonable cause or against the wish of the petitioner and there are also steps taken by the wife to call the police for mediation. The court quoted” if the words of the respondent’s counsel that when the wife is denying him conjugal society, he should file the petition of RCR”. The court didn’t find the appropriate evidence on the ground of cruelty and dismissed the appeal field by the Appellant/Husband.

  •  Sunita Shrivas vs. Bhagwat Shrivas

              That the said appeal was dismissed by the Chattisgarh High Court filed by the wife alleging about the demand of dowry. In the said appeal the appellant failed to prove to clarify and to produce the appropriate evidence that helps the court to examine the correct fact demanding dowry. As the family members are also failed to support the specific allegations has not supported by them about the allegations. And as the wife failed the demanding of dowry has not been established in the criminal trial and the acquittal is on the lack of ground and the said appeal was dismissed on the ground of mental cruelty.

  • Rajesh Upadhyay vs. Usha Devi @ Usha Upadhyay     

That the said appeal was dismissed by the Jharkhand High Court filed by the Petitioner/Husband. The husband made allegation over the wife that she is unsound mind person and she used to talk alone and used to stair the stars for long time. The petitioner also stated that his wife used to talk about magic and Tantra. He made statement that the respondent asking for the partition but after examination of the witnesses it is concluded that the respondent never said anything about the partition. After examination by the court; the court didn’t find any evidence that shows the cruelty towards the husband. The Appellant also fails to prove the ground of desertion and the allegation of demanding partition from appellant’s brother. And all the allegation like the respondent is unsound mind these allegations were bogus and appellant cooked another new story in front of court which is totally a new case made out on his behalf. The Hon’ble High Court considered the submission of the parties and relevant material on record and also perused impugned judgment. Therefore, the Hon’ble High court any reasons to disturb the findings of Ld. Family court. Therefore, the appeal was dismissed by the High court. Decreed accordingly.       

  • Susen Bhandhari vs. Tumpa Bhandari

In the present matter the husband wants to break the wedlock on the bases of cruelty, adultery, Desertion, he is also seeking for the divorce. That the said appeal was dismissed by the Jharkhand High Court. Husband made allegation on the wife that she is having extra marital affair with another person, but at the timing of proving the allegations the husband was unable to justify his allegations and fails to submit his evidences in favor of his statements. The Hon’ble court give directions to both the petitioner and the respondent to try to live together and if possible, to reunite then try to live; but the efforts seem not good and both of them fails to live together. Then the husband files the petition for ground but on account of insufficient evidences the court dismissed the appeal for the desertion, as the husband fails to prove cruelty on the ground of desertion.  

  • Sanjeev P.R & ANR. Vs. Sreelatha C.K.

In the present matter husband is seeking for the divorce and the appeal was allowed by the Kerala High Court. It was alleged by the Husband/Petitioner that after the marriage the Husband/Petitioner and the Wife/Respondent they started living in a rented house but the respondent was very cruel in nature and they both purchased some property on their joint names. The petitioner made allegations regarding the cruel behavior he also alleged that the respondent tried to kill the petitioner by the knife. Petitioner/Husband specifically stated that she sent some Gundaa’s and sent the petitioner/Husband out from his own house and he is presently residing in a rented house. The respondent/wife was stated that she was given Rs. 50,000-/ and 20 sovereigns of gold ornaments as her share and the petitioner had taken away 15 sovereigns of gold ornaments but the petitioner denied on the same things as he is not having the gold ornaments as well as any amount. The wife has been alleging that the petitioner is having illicit relationships with other women. During the evidence the petitioner in his evidence has categorically stated the aforesaid facts. In the present matter the court finds that both the husband and wife broken irretrievably and there is no chance of re-union. The court observed and quoted “when allegations are made by the wife against her husband alleging illicit relationship, which is unsubstantiated, that itself amounts to mental cruelty”. The court observed the concern of the wife for her gold ornaments and sustain the decree directing return of gold ornaments and money, the divorce decree passed by the F.C was set-aside by the Hon’ble High Court.

  • R. Anil Kumar vs. S. Veena

   That the said appeal was allowed by the Karnataka High Court filed by the Petitioner/Husband. That the appellant/husband and respondent/wife lived together for 8-10 days after the marriage. The appellant is the only son and so they never demand any kind of dowery from the respondent and his family but the family members of the respondent always insisting the appellant to buy new house and to live separately along with the respondent. The family members of the respondent did not perform the nuptial ceremony when the appellant had gone to their house. Even they did not allow the appellant to have sexual intercourse with the respondent. After that the “Panchayaat” was held in the presence of the elder one’s but no settlement was happened between both the parties. After that the respondent field a frivolous petition on ground of bogus allegations, on the other side the appellant/husband filed counter on seeking claim on the ground of the restitution of conjugal rights. But after hearing both the parties the court passes a decree of divorce and reject the claim of Restitution of conjugal rights. The court finds that the family court failed to consider the oral and documentary evidence in proper perspective and the respondent wife has harassed the petitioner and his parents. The court observe the entire evidence do not make out a specific case of cruelty by the husband and there is no other witness in support of the evidence to prove the cruelty by the Husband. That the husband in his submission produced some of the documents that are relied on the purpose of proving the illicit intimacy of the respondent-wife. After looking at the matter the family court finds that the respondent wife has proved that the appellant has subjected her to cruelty and the appellant/husband is not entitled to restitution of conjugal rights. It is pertinent to mentioned that the wife is not willing to continue to the marriage and after the judgment passed by the court the wife on 43rd from the date of judgment pursued another marriage this clearly shows the respondent has the frivolous case. The family court fails to find out that the all allegations were made by the wife on base of cruelty and on based on the dowery demand were absolutely false and the court fails to consider the case of the appellant. Hence, the findings given by the family court are liable to be set aside. Counter claim made by the appellant therein is allowed.       

  •   AS Vs. SJ

That the said appeal was allowed by the Delhi High Court filed by the Petitioner/wife. That the petition is filed by the appellant wife is on the ground of the cruelty as she alleged that the husband and his family after the few days of marriage started demanding the dowery from her and the husband was this much cruel that he used to through statements like that he had done mercy over the wife to get married with her. The appellant was specifically alleged that the respondent forced the appellant to arrange the money from her grandfather and the same was paid to the respondent; that itself leads to broader means to cruelty. At the time when the appellant fails to manage the company of her husband and his family, she voluntarily left the matrimonial house; but even after knowing that she left the matrimonial place because of the ill treatment by the Respondent/husband and then husband again put the writ petition of the “Habeaus Corpus”. This is also leading to cruelty over the appellant wife. The court finds that whatever allegations made by the appellant over the husband none of them were rebutted and they all remains the unimpeached. That court finds that the this is the case where cruelty has been done under the means of section 13 of the HMA and the court passed an order in favor of Appellant by passing the decree of divorce.     

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