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VIKRAM NATH, SANJAY KAROL, SANEEP MEHTA
Ramanuj Kumar – Appellant
Versus
Priyanka – Respondent
JUDGMENT :
(Vikram Nath, J.)
1. The present appeal arises from the judgment dated 28.06.2023 passed by the High Court of Jharkhand in First Appeal No. 242 of 2019, whereby the appellant/husband's appeal was dismissed, affirming the judgment dated 02.07.2019 of the Family Court, Ranchi in Original Suit No. 107 of 2014. By the said judgment, the Family Court dismissed the appellant's petition for dissolution of marriage under Sections 13(1)(ia) and (iii) of the Hindu Marriage Act, 19551[HMA].
2. The marriage between the appellant and the respondent was solemnized on 24.11.2012. Two children were born out of the said wedlock. The first child, a daughter, was born on 17.08.2013. Thereafter, on 06.03.2014, the appellant instituted a petition under Sections 13(1)(ia) and (iii) of the HMA before the Family Court, Ranchi (M.T.S. No. 107 of 2014), seeking a decree of divorce. At the time of filing the suit, the respondent was pregnant with their second child.
2.1. Subsequently, the respondent filed Complaint Case No. 1980/2014, alleging mental and physical cruelty against the appellant and his parents, invoking provisions of Section 498A of the Indian Penal Code, 1860 and Sections 3 and 4 of th
Divorce – A dead marriage must be given a decent quietus – Continuing such a marriage would only perpetuate hardship and serve no useful purpose.
Divorce – A dead marriage must be given a decent quietus and continuance of such marriage runs contrary to ethos of matrimonial harmony envisioned by law.
Irretrievable breakdown of marriage can substantiate grounds of cruelty and desertion for divorce under the Special Marriage Act, despite not being an independent ground in Indian law.
Irretrievable breakdown of marriage, characterized by prolonged separation and lack of emotional connection, constitutes a valid ground for divorce under the Hindu Marriage Act, and can be interprete....
A decree of divorce under the Hindu Marriage Act requires substantial evidence of cruelty or desertion, which must not rely solely on allegations, while recognizing irretrievable breakdown as a basis....
The burden of proof for claims of cruelty in divorce proceedings lies with the petitioner, who must present corroborative evidence; isolated incidents do not constitute legal grounds for divorce.
Divorce – Where marriage has ceased to exist both in substance and in reality, divorce is appropriate remedy.
The court established that mental cruelty, as defined under the Hindu Marriage Act, can justify the dissolution of marriage when one party experiences persistent emotional distress due to the other's....
A marriage can be dissolved on grounds of irretrievable breakdown and cruelty when the parties have lived apart for an extended period and reconciliation is deemed impossible.
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