Divorce -- Eviction from Matrimonial Home Followed by Years of Neglect -- Amounts to cruelty
(i) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Eviction from Matrimonial Home Followed by Years of Neglect -- Forcing a spouse out of the matrimonial home, coupled with years of total neglect and separation, including ignorance of the welfare and education of the child, amounts to cruelty -- Conduct demonstrating no intention to live with the spouse or perform marital and parental duties establishes mental cruelty. (ii) Indian Evidence Act, 1872, S.138 -- Evidence -- Failure to Cross-Examine on Material Fact -- Failure of a party to cross-examine a witness on an essential and material fact amounts to acceptance of that testimony in its entirety -- Such failure precludes the party from later disputing the fact, as it deprives the witness of the opportunity to explain or corroborate the testimony. (iii) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Marriage Broken Down Irretrievably Over Years -- Irretrievable breakdown is not an independent statutory ground for divorce -- However, a marital relationship that has become bitter and acrimonious over years, with long continuous separation, inflicts cruelty on both parties -- Keeping alive the facade of such a broken marriage amounts to cruelty and furnishes a ground for dissolution under this section.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
