Hindu Marriage Act, 1955 – Cruelty – Refusal by Hindu wife to wear `sakha and sindoor’ will project her to be unmarried and signify her refusal to accept the marriage /High Court
[ GAUHATI HIGH COURT ]
Sri Bhaskar Das v/s Smti. Renu Das MAT APP 20/19 19/06/20
Hindu Marriage Act, 1955 – Cruelty – Refusal by Hindu wife to wear `sakha and sindoor’ will project her to be unmarried and signify her refusal to accept the marriage – Under such circumstances compelling the appellant husband to continue to be in matrimony with the respondent wife may be construed to be harassment upon appellant and his family members – Family Court erred in evaluating the evidence in proper perspective – Allegation of subjecting the respondent wife to cruelty was not sustained – Lodging of criminal cases on unsubstantiated allegations against husband and/or husband’s family members amounts to cruelty.
para 15. In view of forgoing discussion, we conclude that appellant has made a ground for grant of decree of dissolution of marriage on the ground as mentioned in Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
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