Hindu Marriage Act, 1955, S.13–Divorce–Long Separation—Even though irretrievable breakdown of marriage is not a ground for divorce—However a long separation between the husband and wife can certainly, be taken as a weighty circumstance.(Para 22)
Hindu Marriage Act, 1955, S,13–Divorce–Cruelty–Acquittal in Criminal Case- It is not only the acquittal in criminal proceedings of a spouse but also the conduct of the complainant party that would be material-During the course of criminal prosecution, recovery had been got effected of articles that had not even been entrusted at the time of marriage or thereafter—False allegations manufactured by wife against husband and his parents suffered loss of reputation—It is a clear inference of cruelty to husband—Husband entitled to divorce on this ground. (Paras 18 & 20)
Hindu Marriage Act, 1955, S.13–Divorce–Cruelty-Acquittal in Criminal Case- Husband cannot be denied his right of raising the ground of cruelty seeking dissolution of marriage on account of having been acquitted by the competent criminal Court. (Para 21)
Criminal Jurisprudence—Acquittal— Acquittal in a criminal case for want of evidence is an acquittal on merit-There is no provision for ‘honourable acquittal’ in criminal trial as per criminal jurisprudence. (Para 21)
Criminal Jurisprudence-Acquittal-Benefit of Doubt-Where the acquittal is for want of any evidence to prove the criminal charge, mere mention of ‘benefit of doubt’ by the criminal Court is superfluous and baseless—The Court as such termed such acquittal as an ‘honourable acquittal’.
Rakesh Kumar v. Monika
2017(1) Law Herald (P&H) 37 (DB) : 2016 LawHerald.Org 2350