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by Admin
07 May 2024 2:49 AM
The Delhi High Court's recent judgment in the case of Suman Kumar Bhan vs. Durga Bhan nee Haifz dealt with an appeal against the dismissal of a petition for dissolution of marriage under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1956. The court meticulously examined allegations of cruelty and desertion by the appellant, underlining the importance of substantiated evidence in such matrimonial disputes.
The appellant, Suman Kumar Bhan, appealed against the Family Court's decision, which dismissed his petition for dissolving the marriage with Durga Bhan. The primary issues revolved around allegations of non-disclosure of health issues, cruelty by the respondent, desertion, property disputes, and the long duration of separation since April 27, 2000.
Alleged Non-Disclosure and Health Issues: The court noted the appellant's claims of the respondent concealing her age and health condition, including a pre-marriage surgery. However, it found a lack of substantive evidence to support these claims, viewing them as cruelty towards the respondent.
Allegations of Cruelty: The appellant's accusations of mental and emotional cruelty, including dominance, refusal of sexual relations, and extra-marital affairs, were found unsubstantiated due to a lack of specific incidents or proof.
Desertion and Property Disputes: The court observed that the respondent's allegations of being forced out of the matrimonial home and disputes over property were compelling. The appellant failed to make efforts to bring the respondent back or seek restitution of conjugal rights, suggesting that the respondent's stay at her parent's house was due to the appellant's actions.
Duration of Separation: The significant separation period highlighted the irreparable breakdown of the marital bond, but it didn't justify dissolution of marriage on grounds of cruelty or desertion by the respondent.
Decision: The High Court dismissed the appeal, upholding the trial court's judgment. It concluded that the appellant's allegations were uncorroborated and amounted to cruelty towards the respondent, and the respondent's departure from the matrimonial home was due to the appellant's actions, not willful desertion.
Date of Decision: April 02, 2024.
Suman Kumar Bhan vs. Durga Bhan nee Haifz
