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P. B. BAJANTHRI, S. B. PD. SINGH
Mani Bhushan Prasad @ Kanahyajee – Appellant
Versus
Dipti Chandra @ Daisy – 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 and decree dated 22.06.2018 passed by learned Principal Judge, Family Court, Patna in Matrimonial Case No. 251 of 2010, whereby the matrimonial suit, preferred by the appellant, 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 as per petition filed before the Family Court is that the marriage of the appellant with the respondent was solemnized as per Hindu Rites and Custom on 01.05.2001. The appellant works in Railways as Station Master. Out of the wedlock, a girl child namely Aditee was born. After marriage, the respondent went to her matrimonial house and stayed there for about 14 days and thereafter, she went along with her father at her parent’s house. The appellant asked the respondent to accompany him at the place of his posting but she denied. The respondent came at the place of posting of appellant at Baroda on the occasion of Durgapuja along with her brother and one Vijay Kumar, who is said to be the friend of her father. The responden
Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.
Court clarified that trivial disputes do not constitute grounds for divorce; the burden of proving cruelty lies with the petitioner.
The main legal point established in the judgment is the requirement for specific and substantiated instances of cruelty and desertion to support claims under Section 13(1)(ia) (ib) of the Hindu Marri....
The court held that allegations of cruelty and adultery must be substantiated with credible evidence; mere allegations are insufficient for obtaining a divorce decree.
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