Divorce granted on ground of cruelty set aside for non-fulfilment of requirements of Rule 7 of Hindu Marriage Rules

Divorce granted on ground of cruelty set aside for non-fulfilment of requirements of Rule 7 of Hindu Marriage Rules

J Vs J C

Delhi HC

28/02/2019

MAT.APP(F.C.) 327/2018

About/from the judgment:

The High Court allowed an appeal filed by the appellant-wife against the judgment of the family court whereby it had granted divorce in favour of the respondent-husband under Section 13(1)(i-a) of the Hindu Marriage Act, 1995 on the ground of cruelty.

 

In his divorce petition, the husband had alleged that the wife taunted him as impotent, misbehaved with his parents and relatives threw utensils, etc. The family court allowed his petition and granted a decree of divorce in his favour. Aggrieved thereby, the wife filed the present appeal.

 

The High Court noted that there were no material particulars or details in the divorce petition and the averments were very general in nature. Citing Rule 7 of the Hindu Marriage Rules, 1979 which prescribes as to what should be the contents of the petition filed under HMA, the Court observed, ” a perusal of the Rule shows that it is a statutory requirement as well that the acts/offences alleged in matrimonial cases should be set out with specific particulars of time, place, etc. The present divorce petition clearly does not meet the requirement of Rule 7. Merely stating that the appellant was neglecting her duties or that she was abusive and insulting, would not be sufficient to constitute an act of cruelty unless and until specific instances showing such conduct are pleaded and proved.” In such and other views of the matter, the Court allowed the present appeal and set aside the impugned judgment passed by the family court.

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