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P. B. BAJANTHRI, S. B. PD. SINGH
Kanchan Prabha – Appellant
Versus
Amit Kumar Sinha – Respondent
S. B. Pd. Singh, J.—The present appeal has been filed under Section 19(1) of the Family Court Act, 1984 impugning the judgment dated 03.10.2023 passed by learned Additional Principal Judge, Family Court, Patna in Matrimonial Case No. 338 of 2019, whereby the petition, filed by the appellant-wife to nullify the marriage with the respondent-husband solemnized on 23.08.2018, has been dismissed.
2. The case of the appellant-wife as per the petition filed before the Family Court is that the appellant-wife and respondent-husband both are divorcee. The appellant-wife was earlier married with one Abhishek Kumar but due to cruel attitude of her husband, the appellant-wife took divorce from Abhishek Kumar on mutual consent on 11.08.2015 in Matrimonial Case No. 351 of 2012. The respondent-husband had also married with one Sweta Kumari but their marriage also could not succeed and they part-ways on 09.12.2015 by means of decree of divorce by the Family Court, Jehanabad in Divorce Case No. 30 of 2014. The marriage of the appellant-wife with the respondent-husband was solemnized as per Hindu rites and rituals on 23.08.2018 in presence of relatives and well wishers of both sides. Before marriage,
Barrenness alone is not grounds for divorce under the Hindu Marriage Act; Family Courts must rigorously evaluate all evidentiary materials, particularly medical reports.
The court held that allegations of cruelty and adultery must be substantiated with credible evidence; mere allegations are insufficient for obtaining a divorce decree.
The burden of proof for the existence of a valid marriage lies with the party asserting its validity, and failure to provide necessary evidence can lead to the marriage being declared null and void.
The appellant must provide credible evidence for claims of cruelty and adultery for a divorce to be granted, as mere allegations without proof do not meet legal standards.
A party must provide clear and convincing evidence, including expert testimony, to establish grounds for annulment of marriage due to mental illness under the Hindu Marriage Act.
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