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P. B. BAJANTHRI, SUNIL DUTTA MISHRA
Shweta Kumari – Appellant
Versus
Rakesh Kumar – Respondent
Sunil Dutta Mishra, J. – Heard learned counsel for both the parties.
2. This Miscellaneous Appeal has been filed against the judgment dated 05.11.2022 and decree dated 14.11.2022 passed by the learned Principal Judge, Family Court, Patna in Matrimonial Case No. 694 of 2011 whereby and whereunder the learned Family Court has allowed the divorce case filed by the respondent-husband under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955.
3. The case of the respondent-husband in brief is that the marriage between the appellant-wife and respondent-husband was solemnized on 08.07.2003 according to Hindu rites and rituals at the parental house of the appellant-wife situated at Mohalla Patel Nagar, Patna in presence of common wellwishers and relatives, and both the parties lived together as husband and wife. It is alleged that in the month of April, 2005 the appellant-wife left the society and company without consent of the respondent-husband and against his will she went to her naihar. Gradually, the behaviour and attitude of the appellant changed and she used to be very adamant on trivial issues. Both the parties, out of their wedlock, were blessed with a female child ‘Khushi’
(1) Divorce – Irretrievable breakdown of marriage may not be a ground for dissolution of marriage, under Hindu Marriage Act, but it is a ground for dissolution of marriage under Section 13(1)(1a) of ....
Permanent alimony decisions must be based on a comprehensive analysis of financial circumstances, marriage duration, and standards of living, not merely awarded without justified reasoning.
The court established that allegations of cruelty must be substantiated with evidence, and the absence of such evidence can lead to the dismissal of divorce petitions.
The court emphasized the necessity of considering financial status and reasonable needs when determining permanent alimony, referencing established criteria from prior judgments.
Mental cruelty justifies divorce; unilateral refusal of cohabitation and long-term separation erode marital obligations under Hindu Marriage Act.
The court's decision was influenced by the interpretation of Section 25 of the Hindu Marriage Act, 1955, and the consideration of relevant factors such as the parties' income, conduct, and circumstan....
The court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
Divorce is granted based on the irretrievable breakdown of marriage, and permanent alimony is awarded factoring in the financial capacities of the parties.
Prolonged separation over 20 years establishes irretrievable breakdown (dead wood marriage), warranting divorce; permanent alimony of Rs.50 lakhs fixed balancing husband's finances and wife's/daughte....
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