KETAN Vs. SAKSHI

JUDGEMENT

(1.) The present appellant i.e. original petitioner, has challenged the judgment and order dtd. 17/07/2023 passed by the learned Principal Judge, Family Court, Aurangabd (hereinafter referred to as 'the learned family court') in Petition No. A-49 of 2020, whereby his claim for dissolution of marriage with respondent / wife under Sec. 13(1) (i-a) and (1-b) of Hindu Marriage Act, 1955 , has been rejected.

(2.) Background facts are as under :

(3.) The learned counsel for the appellant - husband vehemently argued that the learned family court did not appreciate the evidence in proper manner and in fact ignored vital admissions given by the respondent - wife. According to him, the learned family court had wrongly concluded that the present petition filed by the appellant - husband was hit by principle of res judicata. He submitted that the present petition being filed with the allegations of cruelty, cannot be rejected under the aforesaid principle since the cruelty alleged at the hands of the respondent - wife by the petitioner - husband is a continuous cause and the appellant has filed subsequent petition for divorce on fresh cause. He pointed out that since 2009, the parties are residing separately and there is no possibility of reunion of the parties. According to him, filing false and frivolous complaints against the appellant - husband by the respondent - wife is also a mental cruelty and therefore, on the basis of it, the learned family court should have allowed the petition for divorce. He heavily relied on following judgments, wherein the concept of cruelty is discussed.