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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.BAJANTHRI, SUNIL DUTTA MISHRA
Sanjay Kumar Shaw Son of Sri Ganga Prasad Shaw – Appellant
Versus
Anjali Kumari Shaw Wife of Sri Sanjay Kumar Shaw – Respondent
JUDGMENT :
SUNIL DUTTA MISHRA, J.
Heard learned counsel for the parties
2. The present appeal under Section 19 of the FAMILY COURTS ACT , 1984 is directed against the judgment and order dated 22.11.2018 passed by learned Principal Judge, Family Court, Nawada in Matrimonial Case No. 52 of 2010 (15 of 2013), whereby and whereunder the petition filed by the appellant-husband under Section 13 (1) (ia) and (ib) of the HINDU MARRIAGE ACT , 1955 (hereinafter referred to as ‘the Act’) for annulment of marriage has been dismissed.
3. The appellant has filed Matrimonial suit No. 52 of 2010 with the learned Court of District and Sessions Judge, Alipore (West Bangal) and the same was transferred to the Family Court, Nawada by the Hon’ble Supreme Court vide order dated 02.10.2012 in Transfer Petition (Civil) No. 278 of 2011.
4. As per appellant case, the marriage between appellant-husband and respondent-wife was solemnized on 21.05.2005 at Akbarpur, Nawada as per Hindu rites and ceremonies. The appellant and respondent started living together in a rented house at Kolkata. They lived together for about 1 year and 11 months. Immediately after marriage, the appellant- husband found some abnormal beha
A spouse must prove substantial evidence of severe mental disorder to justify divorce; mere allegations are insufficient.
Divorce – A dead marriage must be given a decent quietus.
The court established that mere mental disorder is insufficient for divorce; the severity must be proven, and prolonged separation can indicate desertion.
The Court held that mere existence of mental disorder is insufficient for a divorce decree; sufficient evidence proving the severity affecting marital life is necessary.
Insufficient evidence of mental disorder or cruelty fails to establish grounds for divorce under the Hindu Marriage Act.
The judgment emphasized the requirement for grave and weighty conduct to constitute cruelty under the Hindu Marriage Act, and highlighted the impact of mental illness on the capability of having a he....
Mental health issues do not automatically justify annulment under the Hindu Marriage Act; substantial proof of incapacity and unfitness for marriage is required.
A party must provide clear and convincing evidence, including expert testimony, to establish grounds for annulment of marriage due to mental illness under the Hindu Marriage Act.
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