Hindu Marriage Act, 1955 _ Section 13(1)(ia) _ Divorce _ Cruelty _ Willful denial of s*xual intercourse _ Filing of false case.
Petition for divorce _ Marriage took place on 27.4.2008 _ Appellant did not allow the respondent to touch her and refused to consummate the marriage _ Only time that the respondent had s*xual contact with her was on 1.5.2008 _ Appellant went to her parental house on 21.5.2008 and thereafter did not come back _ Willful denial of s*xual intercourse without reasonable cause would amount to cruelty _ Story of the appellant regarding demand of dowry found to be false _ Respondent and his parents were arrested and kept in police custody on the false complaint filed by appellant _ Family Court rightly held that it has caused cruelty to the respondent and his parents _ Respondent made attempts to co-habit with the appellant but she has refused and neglected to cohabit with him _ Family Court rightly granted decree of divorce on the ground of cruelty. (See para 6, 8, 10, 11)
Result : Appeal dismissed.
Neelam Sanjay Chaurasia Vs. Sanjay Hanuman Prasad Chaurasia FAMILY COURT APPEAL NO.153 OF 2013 (16-1-2014) (SMT. V.K. TAHILRAMANI, P.N. DESHMUKH, JJ.)
