Recently, the Allahabad High Court dissolved the marriage between the appellant and respondent, citing severe cruelty and prolonged desertion. The respondent, who had abandoned the appellant’s home in 1995 and has since been employed in Ballia, was found to have exhibited cruelty towards the appellant and his family.
The appellant’s counsel argued that the respondent’s behaviour, including false allegations of dowry demands and cruelty, had irreparably damaged the trust in their marriage. These accusations, proven to be false by the respondent’s own brother, were deemed to have constituted a severe form of cruelty under Section 13 of the Act, as amended by the U.P. Amendment.
Despite the initial decree for restitution of conjugal rights, the court stayed its operation, and the subsequent appeals led to the dissolution of the marriage. The court ruled that the lower courts had erred in their judgements, which were based on conjecture rather than factual evidence. Consequently, the decree for restitution of conjugal rights was set aside, and the marriage was officially dissolved.
Given that the respondent is a government teacher and there are no children from the marriage, the court ruled that no alimony was necessary. Both appeals were allowed and no costs were awarded.
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