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P. B. BAJANTHRI, S. B. PD. SINGH
Ram Pravesh Kumar – Appellant
Versus
Amrita Kumari – Respondent
S. B. Pd. Singh, J.—Heard the parties.
2. The present appeal has been filed under Section 19(1) of the Family Court Act, 1984 impugning the judgment dated 29.03.2019 passed by learned Principal Judge, Family Court, Sitamarhi in Matrimonial Case No. 56 of 2013, whereby the matrimonial suit, preferred by the appellant-husband, for a decree of divorce, on dissolution of marriage, on the ground of cruelty and desertion, has been dismissed.
3. The case of the appellant-husband as per petition filed before the Family Court is that the marriage of the appellant-husband with respondent-wife was solemnized on 11.03.2012 as per Hindu Rights and Customs in a temple. After marriage, on 13.03.2012, the appellant-husband went to work in the Indian Railways and his wife-respondent started staying at her matrimonial house. On 20.06.2012 when the appellant-husband came to his house on leave, he found that the behavior of the respondent with her mother-in-law and father-in-law was not cordial. She used to abuse and quarrel with them on trivial issues and always threatened to commit suicide and implicate family members in a murder case. Ultimately, father of the appellant-husband filed an application b
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 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.
The court established that established evidence of infidelity and cruelty justified the granting of a divorce decree, overturning the Family Court's dismissal.
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