Sh. Avneshwar Singh was granted a divorce by the Delhi High Court on April 2, 2024, in a historic ruling that marked a turning point in a drawn-out legal struggle rife with accusations of cruelty and wrongdoing.
The matter was handled through protracted court hearings and a careful review of the evidence by Justices Suresh Kumar Kait and Neena Bansal Krishna. This ruling, which was postponed until October 5, 2023, and delivered on April 2, 2024, dealt with the appeal that was brought under Section 19 of the Family Courts Act of 1984 and Section 28 of the Hindu Marriage Act of 1955.
The appellant, Sh. Avneshwar Singh, was represented by Mr. Kanishk Ahuja, an advocate, and Mr. Sudhir Nandrajog, a senior advocate. Conversely, Ms. Priya Puri and Mr. Ranjan Dubey, Advocates represented Smt. Monika, the respondent.
The ruling examined the minute aspects of Sh. Avneshwar Singh and Smt. Monika's marital strife. A string of unfavorable incidents clouded the couple's January 25, 2011, solemnization of marriage, which resulted in their split on September 6, 2011. The accusations of cruelty and misbehavior made by both parties during the proceedings were carefully considered by the court.
The judges stated, “Spouses engaging in defamatory language directed towards one’s in-laws not only undermines the dignity and reputation of the individuals but also erodes the trust and respect necessary for a healthy marital bond.” This assertion underscored the significance of mutual respect and consideration within marital relationships.
The appellant brought forward a number of incidences, which the judge examined in detail. These included sending offensive texts, making threats with a kitchen knife, and lodging complaints with the appellant's employer, the Reserve Bank of India. The appellant experienced severe mental stress as a result of the steps taken cumulatively, the court said.
The ruling also brought attention to the parties' protracted dispute, which lasted for more than ten years and exacerbated tension and hostility. The prolonged legal dispute was seen by the court to be harsh and to have contributed to the irreversible disintegration of the marriage.
Finally, characterizing the respondent's actions as cruel, the court awarded Sh. Avneshwar Singh a divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Case Name: SH. AVNESHWAR SINGH vs. SMT.MONIKA Case No: MAT.APP. (F.C.) 33/2022
Bench: Justice Suresh Kumar Kait and Justice Neena Bansal Krishna.
Order dated: 02.04.2024
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