Tuesday, June 13, 2023

Family Court at Mumbai, dissolving marriage between the parties under section 13(1)(ia) of the Hindu Marriage Act, 1955 and further directing the husband to return streedhan of wife, which is mortgaged with the DNS bank,

A. Hindu Marriage Act, 1955 Section 13(1)(ia) Cruelty - Partner in matrimonial relationship who goes to the extent of filing police complaints against mother, friend, well wishers, Prosecutor or Advocate of his own wife, is a kind of person who is difficult to deal with and certainly causing mental harassment.
B. Hindu Marriage Act, 1955 Section 13(1)(ia) Mental cruelty - Allegations and accusations are leveled by a party (husband in this case) against the spouse (wife) in newspaper, itself has an effect of lowering her reputation in the eyes of her peers and colleagues - Overall conduct of the Appellant/husband, amounts to mental cruelty.
C. Hindu Marriage Act, 1955 Section 13(1)(ia) Streedhan - Appellant/husband has mortgaged the wife's streedhan (gold ornaments) raising loans multiple times - Therefore, it is only just and proper that the Trial Court has directed the Appellant/Husband to return the streedhan to the Respondent/wife after making necessary repayment to DNS Bank - No fault in the said direction - Impugned Judgment and Decree needs no interference.

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