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Divorce Custody Maintenance Case
Summary
Jia and Ishaan married in 2020. Ishaans neglect and ill habits led Jia to file for divorce, child custody, and maintenance in 2024. Grounds for divorce include mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. Relevant case laws such as Samar Ghosh vs. Jaya Ghosh (2007) and Shobha Rani vs. Madhukar Reddi (1988) support the claim. Jia seeks Rs. 25,000 per month in maintenance, citing Ishaans business profits and her unstable income. Custody of their daughter Era is also sought, emphasizing Jias primary caregiving role.Full Conversation
To argue on behalf of Jia, the petitioner, in the Mohali Family Court, the following detailed points, arguments, and relevant case laws can be considered:
Grounds for Divorce:
*. **Neglect and Ill Habits:**
- **Legal Provisions:** As per Section *(*)(ia) of the Hindu Marriage Act, *, cruelty is a valid ground for divorce.
- **Arguments:**
- Ishaan has developed habits of drinking and gambling, which constitute mental cruelty.
- His neglect towards household responsibilities and financial contributions has caused significant stress and anxiety to Jia.
- **Case Law:**
- *Samar Ghosh vs. Jaya Ghosh (*) * SCC **: The Supreme Court held that mental cruelty can be a ground for divorce if the conduct is grave and weighty enough to make it impossible for the petitioner to continue living with the respondent.
*. **Neglect and Ill Habits:**
- **Legal Provisions:** As per Section *(*)(ia) of the Hindu Marriage Act, *, cruelty is a valid ground for divorce.
- **Arguments:**
- Ishaan has developed habits of drinking and gambling, which constitute mental cruelty.
- His neglect towards household responsibilities and financial contributions has caused significant stress and anxiety to Jia.
- **Case Law:**
- *Samar Ghosh vs. Jaya Ghosh (*) * SCC **: The Supreme Court held that mental cruelty can be a ground for divorce if the conduct is grave and weighty enough to make it impossible for the petitioner to continue living with the respondent.
Custody of Era:
*. **Primary Caregiving Role:**
- **Legal Provisions:** Under Section * of the Hindu Minority and Guardianship Act, *, the mother is generally the primary guardian of a child under the age of *.
- **Arguments:**
*. **Primary Caregiving Role:**
- **Legal Provisions:** Under Section * of the Hindu Minority and Guardianship Act, *, the mother is generally the primary guardian of a child under the age of *.
- **Arguments:**
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