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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Anupma Kumari W/o Sri Prabhash Kumar – Appellant
Versus
Prabhash Kumar S/o Late Someshwar Lal – Respondent
JUDGMENT :
(Per: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY)
The present appeal is directed against the judgment dated 25.02.2022 and decree dated 26.02.2022 passed in Matrimonial Case No. 481 of 2011 by the Court of learned Additional Principal Judge, Family Court, Patna whereby marriage between the parties has been dissolved by passing decree of divorce.
2. Being aggrieved by the judgment and decree in favour of respondent against the appellant for dissolution of marriage and it has been prayed to allow divorce in terms of counter claim under Section 23(A) and 25 read with 27 of the Hindu Marriage Act, 1955 as claimed by the appellant.
3. Briefly stated facts of the present appeal is that marriage of Anupma Kumari (appellant/wife) and Prabhash Kumar (respondent/ husband) was solemnized on 09.07.2010 according to Hindu Rites and Customs in the town of Patna. It is claimed that after marriage the appellant/wife arrived at respondent's house but she did not find any comfort and she insisted for separate accommodation. It is alleged that behavior meted out to the respondent/husband was not cordial. Respondent/husband joined his office at Mumbai after nine days of marriage but appellant did
Procedural fairness is essential in family law cases; dismissing a counter claim without proper consideration violates principles of justice.
Family Courts are mandated to prioritize mediation and must follow due process, ensuring that matrimonial disputes are resolved through proper hearings, not dismissed casually.
(1) Cruelty may be mental or physical, intentional or unintentional – A dead marriage must be given a decent quietus.(2) A marriage which has broken down irretrievably, spells cruelty to both parties....
Courts may grant divorce on the grounds of cruelty and desertion, considering the irretrievable breakdown of marriage as valid grounds, particularly when one party expresses a desire to live separate....
The court established that in divorce proceedings under the Hindu Marriage Act, the absence of the respondent and credible allegations of cruelty justify the dissolution of marriage, applying a stand....
The refusal to cohabit and unilateral abandonment constitute grounds for divorce under the Hindu Marriage Act, qualifying as mental cruelty.
Divorce is granted based on the irretrievable breakdown of marriage, and permanent alimony is awarded factoring in the financial capacities of the parties.
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