FIRST LAW

Hindu Marriage Act, 1955 - Section 13(1)(i-b) - Divorce - Ground of Desertion - Where divorce has been sought on the ground of desertion only, the court cannot grant divorce on the ground of cruelty.

The Family Courts Act, 1984 - The Hindu Marriage Act, 1955 - Section 13(1)(i) and (ia) - The petition was filed alleging adultery and cruelty - Petition was presented by power of attorney holder - Insofar as there is specific provision under the Code of Civil Procedure enabling a petition to be filed through a power of attorney holder, there is nothing wrong in the Family Court entertaining an application even though it is filed through power of attorney holder. The provisions of CPC squarely applies to matters that are entertained by Family Court as well.

1. Ashok Kumar v. Jyoti, 2018 KHC 2845 Raising wild allegations against the spouse of having illicit relations with an office colleague, per se casting a slur on the character, integrity and morality of the spouse, constitutes cruelty without further more.

Hindu Marriage Act, 1955 - Section 13(1)(ia) - Cruelty - False Allegations about having illicit relations with Bhabhi - Leveling of false allegations of illicit relations of such nature and magnitude causes mental pain, agony and suffering to the husband. Such allegations causes profound and lasting disruptions in the relationships and also causes deep hurt and reasonable apprehension that it would be dangerous to live with a wife, especially when she is also threatening to commit suicide. Held:- It is also settled law that while appreciating the evidences in these matters, it is the totality of the circumstances which are to be considered. The contemporaneous nature of evidences is important. The Family Court had arrived at the conclusion that the husband has succeeded in proving the facts that the appellant was abusive and was in the habit of picking up quarrel frequently and has also threatened to commit suicide and has implicated the husband and his family members in the ...