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P. B. BAJANTHRI, S. B. PD. SINGH
Viahal Kumar @ Guddu – Appellant
Versus
Richa Sah @ Gudiya – Respondent
S. B. Pd. Singh, J.—Heard learned counsel appearing on behalf of the appellant. However, none appears on behalf of the respondent.
2. The present appeal has been filed under Section 19(1) of the Family Court Act, 1984 impugning the judgment dated 11.04.2017 passed by learned Principal Judge, Family Court, Kisanganj in Matrimonial Case No. 145 of 2012, 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 and a cost of Rs. 5000/- was imposed on the appellant-husband to be paid to the respondent-wife.
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 12.05.2009 at Kishanganj as per Hindu rites and rituals. Since the beginning of marriage, the behaviour of the respondent-wife towards the appellant-husband was not amicable as she was always creating nuisance for going “Naihar” (parental place) and she was pressurizing the appellant-husband to sell the property of Kishanganj and to settle at Gulabbagh, Purnea. The respondent-wife conceived in the year
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 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.
Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.
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.
For a decree of divorce under cruelty or desertion, credible evidence substantiating these claims is essential. The court found no such evidence and upheld the Family Court's decision.
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