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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Santosh Kumar Jha – Appellant
Versus
Bandana Kumari – Respondent
Alok Kumar Pandey, J.—The present appeal has been directed against the impugned judgment dated 19.05.2015 and decree dated 27.05.2015 passed by learned Principal Judge, Family Court, Darbhanga in Matrimonial Case No. 73 of 2013, H.M.A. No. 253 of 2012, whereby and whereunder the matrimonial case filed by the appellant for dissolution of marriage with the respondent has been dismissed.
2. It is worth to mention that initially, matrimonial case was filed before the Family Court, Rohini, Delhi but on the petition of respondent it was transferred by the Hon'ble Supreme Court to the Principal Judge, Family Court, Darbhanga vide its order dated 11.02.2013 in Transfer Petition (Civil) No. 1453 of 2012 for trial and expeditious disposal.
3. Briefly stated facts of the appellant's case is that both parties solemnized marriage on 19.11.2003 at Darbhanga according to Hindu Customs and Rites. It is averred that on 17.11.2004 a girl child was born at Darbhanga out of the aforesaid wedlock. It is claimed by the appellant that respondent is an ambitious lady as she has affinity with her father who is the professor in Lalit Narayan Mishra University, Darbhanga and the respondent tried to prove that
The main legal point established in the judgment is the definition and establishment of desertion under the Hindu Marriage Act, 1955. The court emphasized the intentional permanent forsaking and aban....
The court ruled that claims of cruelty and desertion must be substantiated with credible evidence, emphasizing that allegations alone are insufficient for divorce under the Hindu Marriage Act.
Grounds for divorce under Hindu Marriage Act must be substantiated by convincing evidence; mere allegations of cruelty or adultery without proof do not warrant decree of divorce.
The burden of proof lies with the appellant to establish claims of cruelty and desertion, which must be supported by credible evidence, and mere allegations without proof are insufficient for divorce....
The appeal court found the Family Court's dismissal of divorce due to cruelty and desertion to be perverse, establishing that the husband's behavior justified dissolution of marriage.
Divorce – Foundational facts regarding allegation of adultery must be proved.
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