Lawstreet Journal

Family Court Judges Should Find Out If Marriage Has Irretrievably Broken Down & Emotionally Dead: Allahabad HC [READ ORDER]

Lawstreet Journal 1 Jun 2020 7:00pm

Image courtesy: Lawstreet Journal Judiciary Family Court Judges Should Find Out If Marriage Has Irretrievably Broken Down & Emotionally Dead: Allahabad HC [READ ORDER]

On April 29, 2020, a Division Bench of Justices Anil Kumar and Saurabh Lavania of the Allahabad High Court (Lucknow Bench) held in the case at hand that the marriage was irretrievably broken down and the trial court had appreciated the evidence in a proper manner. 


Background of the case: 

The marriage between the appellant/Puneet Kumar Trivedi and respondent/Smt. Nitika Pathak was solemnized on November 22, 2004, as per Hindu Rites and Rituals. From the very beginning, Nitika used to abuse the family members of Puneet by using unparliamentary language and incorrectly blame that family members of Puneet had humiliated her family members. 

Time and again, Nitika used to quarrel with the family members of Puneet and he always tried to stop the violence but no fruitful result was achieved. In the meantime, he got a job of Medical Representative, at Meerut and she was living with her father-in-law and mother-in-law at Delhi and she always used to scold them. 

On one occasion she had also tried to commit suicide. When his grandmother had shown with to see her granddaughter-in-law i.e. Nikita, she had refused and humiliated her. The grandmother could not bear the humiliation and due to heart attack, she died, but Nikita didn’t even appear in the last rituals of the grandmother of Puneet. 

After repeated attempts by his family members to save the marriage and failed mediation, he filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955. The suit was dismissed by Principal Judge,… Continue Reading...

Tagged: Divorce   Mutual Consent Divorce  
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