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P. B. BAJANTHRI, S. B. PD. SINGH
Sangita Kumari – Appellant
Versus
Surendra Kumar Himansu – Respondent
S. B. Pd. Singh, J. – In these bunch of cases, the issues are common and interrelated, as such, all have been heard together and are being disposed of by this common judgment. The reliefs sought by the appellant/petitioner are as under: –
2. Miscellaneous Appeal No. 307 of 2015 (Sangita Kumari vs. Surendra Kumar Himansu)
“That instant appeal is being preferred against the decree of dissolution of marriage dated 08.05.2015 passed by the learned Principal Judge, Family Court, Jehanabad in Matrimonial Case No. 66/2023 whereby and where under the learned Principal Judge, Family Court, Jehanabad has been pleased to decree the Matrimonial Suit No. 66/2023 in favour of plaintiff (Respondent here) without considering the legal aspects and the reply filed by the appellant.”
3. Criminal Revision No. 584 of 2015(Sangita Kumari vs. Surendra Kumar Himansu)
“That this revision application is being filed on behalf of the petitioner against the order dated 08.05.2015 passed by the learned Principal Judge, Family Court, Jehanabad in Maintenance Case No. 81 of 2014 whereby and whereunder the learned Principal Judge, Family Court, Jehanabad has been pleased to allow the maintenance only Rs. 5000/- per m
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 main legal point established in the judgment is the requirement for specific evidence of cruelty and the impact on the mental and physical health of the parties to prove grounds for divorce under....
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.
Family court divorce decree on cruelty ground set aside as perverse for failing to scrutinize counter-allegations and evidence properly; appellate re-appreciation requires preponderance-based reasoni....
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