Even 1.5 Years in Jail Doesn’t Dilute Section 37 NDPS Rigour: Punjab & Haryana High Court Denies Bail in 710 Kg Poppy Husk Case Stay of Conviction Nullifies Disqualification Under Section 8(3) RP Act: Allahabad High Court Dismisses Quo Warranto Against Rahul Gandhi Custodial Interrogation Necessary to Uncover ₹2 Crore MGNREGA Scam: Kerala High Court Rejects Anticipatory Bail for Vendors in Corruption Case Order 41 Rule 23 CPC | Trial Court Cannot Decide Title Solely on a Vacated Judgment: Himachal Pradesh High Court Strikes By Bar Associations Cannot Stall Justice: Allahabad High Court Holds Office Bearers Liable for Contempt if Revenue Suits Are Delayed Due to Boycotts To Constitute a Service PE, Services Must Be Furnished Within India Through Employees Present in India: Delhi High Court Medical Negligence | State Liable for Loss of Vision in Botched Cataract Surgeries: Gauhati High Court Awards Compensation Waiver of Right Under Section 50 NDPS is Valid Even Without Panch Signatures: Bombay High Court Agricultural Land Is 'Property' Under Hindu Women’s Right to Property Act, 1937: A.P. High Court Tenant Who Pays Rent After Verifying Landlord’s Will Cannot Dispute His Title Under Section 116 Evidence Act: Himachal Pradesh High Court Dismisses Eviction Challenge by HP State Cooperative Bank Clever Drafting Cannot Override Limitation Bar: Gujarat High Court Rejects Suit for Specific Performance Once Divorce by Mutual Consent Is Final, Wife Cannot Pursue Criminal Case for Stridhan Without Reserving Right to Do So: Himachal Pradesh High Court Caste-Based Insults Must Show Intent – Mere Abuse Not Enough for Atrocities Act: Gujarat High Court Upholds Acquittal Failure to Inform Detenu of Right to Represent to Detaining Authority Vitiates NSA Detention: Gauhati High Court Awarding Further Interest On Penal Charges Is Contrary To Fundamental Policy Of Indian Arbitration Law: Bombay High Court

Cruelties Committed by Appellant Rendered Respondent's Stay at Parental Home a Compulsion: Delhi High Court Upholds Dismissal of Marriage Dissolution Petition

07 May 2024 8:19 AM

By: Admin


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

 

Latest Legal News