In First Appeal of 2023, Justices Rohit Arya and Sanjeev S. Kalgaonkar affirmed a divorce order in a landmark decision that would have a lasting impact on the judicial system.
The case between Dr. Babita Jain, the respondent, and Pawan Kumar, the appellant, demonstrates the complexities of marriage law and the serious consequences of marital strife.
The Principal Judge of the Family Court at Ashok Nagar (M.P.), who awarded a divorce order to the respondent, Dr. Babita Jain, according to Section 13 of the Hindu Marriage Act, 1955, was challenged by the appellant, Pawan Kumar. Dr. Babita Jain that the marriage be dissolved on a number of reasons, including emotional and financial abuse and cruelty.
In the course of the hearings, the appellant's attorney, Shri H.K. Shukla, angrily denied the accusations, asserting that Dr. Babita Jain's parents were financially motivated and had caused conflict in the marriage. On the other hand, Shri S.S. Gautam, who represents Dr. Babita Jain, provided strong proof of his client's ongoing maltreatment and financial compulsion.
Using well-established legal concepts and previous decisions, the justices carefully examined the information that was offered. "The notion of cruelty encompasses both physical and mental anguish inflicted upon a spouse, regardless of intent," they underscored. Referencing previous cases like Parveen Mehta v. Inderjit Mehta and Shobharani v. Madhukar Reddi, the Justices emphasized the intricate comprehension needed to evaluate mental cruelty in marriage cases.
The verdict carefully considered every accusation, considering all of the available data. The evidence supports the respondent's account, showing instances of financial exploitation, emotional abuse, and physical violence, the justices observed.
Notably, the court rejected the appellant's assertions of attempts at reconciliation, pointing out that Dr. Babita Jain's maltreatment was ongoing.
The court affirmed the lower court's ruling and upheld the divorce order in a decisive verdict. According to their assertion, the preservation of the sanctity of marriage cannot come at the cost of one spouse's well-being when there has been an extended time of separation and irreversible harm to the marital link. Based on well-established legal concepts and extensive evidence, the ruling establishes a noteworthy precedent in the field of marriage law.
Case Name: PAWAN KUMAR Vs. DR. BABITA JAIN
Case No.: FIRST APPEAL No. 375 OF 2023
Bench: Justice Rohit Arya and Justice Sanjeev S. Kalgaonkar
Order dated: 08.04.2024
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