Persistent Character Doubt Constitutes Cruelty: High Court of Madhya Pradesh Grants Divorce on Grounds of Cruelty
The High Court of Madhya Pradesh at Gwalior, in a significant judgment, has granted divorce to Kalpana Jat, the appellant, on grounds of mental cruelty. The bench comprising Hon’ble Shri Justice Rohit Arya and Hon’ble Shri Justice Binod Kumar Dwivedi overturned the Family Court’s decision, which had earlier dismissed her plea.
The Court’s ruling was based on the assessment of mental cruelty inflicted upon the appellant by the respondent, Balveer Singh Jat. The Court noted, “Mental cruelty proved by persistent doubt on character.”
Kalpana Jat, a Samvida Sikshak Grade-3, alleged continuous mental and physical harassment by her husband, leading to their separation since April 1, 2019. The primary issues revolved around allegations of cruelty, infidelity, and character assassination by the respondent.
The Court meticulously examined the testimonies, evidences, and behavior patterns of the respondent. It was noted that the respondent’s conduct, including baseless allegations, physical assault, and harassment, constituted mental cruelty. The Court stated, “The appellant’s consistent testimony and respondent’s conduct in previous legal proceedings substantiate claims of mental cruelty.”
The Court also discussed the concept of mental cruelty In matrimonial matters, referring to various Apex Court judgments. The lack of evidence regarding Stridhan claims led the Court to pass no order on this matter.
Ultimately, the Court dissolved the marriage between Kalpana Jat and Balveer Singh Jat, granting the divorce on grounds of cruelty as per Section 13(1)(ia) of the Hindu Marriage Act.
Date of Decision: February 13, 2024
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