Hindu Marrisge and Divorce
First of all this is a moot court problem.
Brief facts of the case
Ms Ganga, the petitioner, daughter of Mr Ram Singh who belongs to an orthodox Hindu family settled in Delhi since 1950.During the month of June 2007, Mr Ram Singh started looking for a bridegroom including the use of matrimonial websites for Ms Ganga, the petitioner, who is aged 25 a gold medalist from IIT and working in TCS, New Delhi from June 2005.
Ms Ganga, the petitioner, finally contracted marriage with Mr Kiran Lal, the respondent, a Hindu as per Hindu rituals and rites and also complying with the Brahman community traditions on 12.12 2007.The marriage was also registered at sub-registrar office in New Delhi.
Mr Kiran Lal, the respondent, son of Mr Ratan lal and Ms Deeksha, has been staying in Texas in USA alone and working there in a software industry since 2000.He has been staying there in his paternal house who has also a place of residence in India. Mr Kiran lal, the respondent, holds Indian passport but is a resident of India.
The couple thereby after completion of marriage left for USA on 01.01.2008 and started residing there and also applied for permanent residence therein. While residing there in USA disputes started arising between themselves due to certain reasons. As per petitioner’s statement the fact came out that her husband Mr Kiran Lal, the respondent, was creating problems for her and was not treating her properly. He kept her in confinement at home and also harassed her. Further the petitioner came to know about the fact that her husband had already married another woman Ms Stella in 2006 and a petition for divorce was pending in relation to the same when the marriage was solemnized between them in India. The situation was going so worst that Ms Ganga, the petitioner, was break away from the custody of her husband with the help of neighbours and reached Delhi. Thereafter, Ms Ganga, the petitioner, finding no other way filed a petition for divorce in the District Court. The District Court in India rejected the same for want of jurisdiction since they acquired permanent residence in USA, and bridegroom was also residing in USA. Ms Ganga, the petitioner, is now appealing before the Hon’ble Delhi High Court for justice.
1. Whether it is lawfully required of Mr Kiran Lal, the husband of Ms Ganga before their marriage to disclose all important facts relating to his earlier life which has the possibility of causing hardship to their marital ties?
2. Whether the treatment meted out to Ms Ganga by Mr Kiran Lal, her husband amounts to interfering with her right to personal life and liberty under CPC ?
3. Whether the ill-treatment meted out to Ms Ganga by Mr Kiran Lal, her husband amounts to cruelty and adultery under sections 13(1)(ia) and 13(1)(ia), respectively of Hindu Marriage Act 1955?