Case Note & Summary
The present Family Court Appeal was filed by the appellant-wife against the judgment and decree dated 5/11/2024 passed by the Principal Judge, Family Court, Thane in P.A. No. 132/2022, whereby the marriage between the parties was dissolved by a decree of divorce under Section 27(1)(d) of the Special Marriage Act, 1954. The respondent-husband had filed the divorce petition alleging cruelty by the wife. The marriage was solemnised on 18/9/2017 under the Special Marriage Act. The husband contended that the wife treated him with cruelty and provided details of the alleged cruel conduct. The Family Court allowed the petition and granted divorce. The wife appealed against this decision. The High Court heard the learned counsels for both parties. The court considered the submissions and the evidence on record. The High Court found that the Family Court had correctly appreciated the evidence and that the ground of cruelty was made out. Consequently, the appeal was dismissed and the decree of divorce was upheld. The court also directed that rule be made absolute and no order as to costs.
Headnote
A) Family Law - Divorce - Cruelty - Section 27(1)(d) Special Marriage Act, 1954 - The appeal challenged the Family Court's decree dissolving marriage on ground of cruelty - The High Court examined the evidence of alleged cruelty and found that the Family Court had correctly appreciated the material - Held that the decree of divorce was justified and the appeal was dismissed (Paras 1-5).
Issue of Consideration
Whether the Family Court correctly granted divorce on the ground of cruelty under Section 27(1)(d) of the Special Marriage Act, 1954 based on the evidence on record.
Final Decision
The High Court dismissed the appeal and upheld the decree of divorce granted by the Family Court. Rule made absolute. No order as to costs.
Law Points
- Cruelty under Section 27(1)(d) of Special Marriage Act
- 1954
- Burden of proof in matrimonial disputes
- Appreciation of evidence in family court appeals
Case Details
2025 LawText (BOM) (10) 213
Family Court Appeal No.101 of 2025
Revati Mohite Dere, Sandesh D. Patil
Ms.Priyanka Desai with Ms.Trisha Desai & Ms.Janhavi Pise i/b The Fort Circle Advocates & Solicitors for the Appellant, Ms.Pushpa Verma with Mr.Moiez Shaikh for the Respondent
Riya Suralk (nee Gloria Rebello)
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Nature of Litigation
Family Court Appeal against decree of divorce granted on ground of cruelty
Remedy Sought
Appellant-wife sought to set aside the divorce decree
Filing Reason
Appellant-wife aggrieved by Family Court's order dissolving marriage on ground of cruelty
Previous Decisions
Family Court, Thane allowed divorce petition in P.A. No. 132/2022 on 5/11/2024
Issues
Whether the Family Court correctly granted divorce on the ground of cruelty under Section 27(1)(d) of the Special Marriage Act, 1954
Submissions/Arguments
Appellant-wife argued against the finding of cruelty
Respondent-husband supported the Family Court's decree
Ratio Decidendi
The Family Court correctly appreciated the evidence of cruelty and the decree of divorce under Section 27(1)(d) of the Special Marriage Act, 1954 was justified.
Judgment Excerpts
Heard the learned counsels appearing for the respective parties.
Rule, by consent, rule returnable forthwith.
The present Family Court Appeal is directed against the Judgment, Decree and Order dated 5/11/2024 passed by the learned Principal Judge, Family Court, Thane in proceedings bearing number P.A. No. 132/2022, whereby the petition of the petitioner/respondent herein was allowed and the marriage between the parties, which was solemnised on 18/9/2017, was dissolved by a decree of divorce.
The respondent-husband had filed the petition for divorce under Section 27(1)(d) of the Special Marriage Act, 1954.
The respondent-husband contended that the appellant-wife treated him with cruelty and therefore he sought dissolution of the marriage.
Procedural History
The respondent-husband filed divorce petition P.A. No. 132/2022 before Family Court, Thane under Section 27(1)(d) of Special Marriage Act, 1954. The Family Court allowed the petition and granted divorce on 5/11/2024. The appellant-wife filed Family Court Appeal No.101 of 2025 before the Bombay High Court against the said decree. The High Court heard the appeal and dismissed it on 1/10/2025.
Acts & Sections
- Special Marriage Act, 1954: 27(1)(d)
