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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.Bajanthri, S.B.Pd.Singh
Rajani Ranjan, son of Kailash Prasad Sah – Appellant
Versus
Roma Kumari Wife of Rajani Ranjan – Respondent
JUDGMENT :
S. B. PD. SINGH, J.
Heard learned counsel for the appellant. None appears on behalf of respondents in spite of valid service of notice.
2. The present appeal has been filed under Section 19(1) of the Family Court Act, 1984 impugning the judgment and decree dated 18.03.2024 passed by learned Principal Judge, Family Court, Hajipur, Vaishali in Matrimonial (Divorce) Case No. 386 of 2019, whereby the matrimonial suit, preferred by the appellant, for a decree of divorce, on dissolution of marriage, has been dismissed.
3. The case of the appellant as per petition filed before the Family Court is that the marriage of the appellant was solemnized with respondent No.1 on 23.06.2004 as per the Hindu Rites and Custom. Out of the wedlock two children were born. The respondent No. 1 was cruel and indisciplined since the inception of marriage. She used to misbehave with the appellant and other in-laws family members. She did not used to cook food on time and also used to abuse and misbehave with her in-laws family members and the appellant as well. The respondent No. 1 is a teacher and used to stay out of her matrimonial house for long hours after the school. She has developed illicit rel
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.
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 court established that established evidence of infidelity and cruelty justified the granting of a divorce decree, overturning the Family Court's dismissal.
The main legal point established in the judgment is that to prove cruelty for divorce under the Hindu Marriage Act, instances of cruelty must be established with specific reference to date, time, pla....
Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.
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