Pawan Kumar Pandey v. Sudha (2024)

Allahabad HC grants divorce to couple living separately for over a decade, cites continuous mental cruelty by wife.

In an appeal filed by the husband under Section 19 (1) of Family Courts Act, 1984 read with Section 28 of Hindu Marriage Act, 1955 (‘HMA’) and Section 96 of the Code of Civil Procedure, 1908, against the Family Court’s order, refusing to grant of decree of divorce under Section 13 of HMA the division bench of Rajan Roy and Om Prakash Shukla*, JJ. while granting divorce, held that the couple’s separation for over a decade had irreparably damaged the marriage, effectively amounting to mental cruelty for the husband.

Pawan Kumar Pandey v. Sudha, 2024 SCC OnLine All 6778, judgment dated 24-10-2024.