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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.Bajanthri, S.B.Pd.Singh
Manoj Kumar, son of Sri Devnath Prasad Yadav – Appellant
Versus
Neeta Kumari @ Muli, wife of Manoj Kumar – Respondent
JUDGMENT :
S. B. PD. SINGH, J.
Interlocutory Application No. 1 of 2019 This Interlocutory Application has been filed by the appellant under Section 5 of the LIMITATION ACT , 1963 for condoning the delay of 36 days in filing the instant Miscellaneous Appeal.
2. Considering the averments made in the interlocutory application, sufficient cause have been shown which prevented the appellant from filing the Miscellaneous Appeal in time.
3. Accordingly, this interlocutory application is allowed and the delay of 36 days in the filing of the Miscellaneous Appeal is condoned.
4. The present appeal has been filed under Section 19(1) of the Family Court Act, 1984 impugning the judgment and decree dated 05.06.2018 and 18.06.2018 respectively passed by learned Principal Judge, Family Court, Patna in Matrimonial Case No. 302 of 2011, 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.
5. The case of the appellant as per petition filed before the Family Court is that the marriage of the appellant with respondent was solemnized on 01.07.1995 as per Hindu i¹hts and Customs and out of th
Court clarified that trivial disputes do not constitute grounds for divorce; the burden of proving cruelty lies with the petitioner.
The appeal court found the Family Court's dismissal of divorce due to cruelty and desertion to be perverse, establishing that the husband's behavior justified dissolution of marriage.
Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.
The court ruled that claims of cruelty and desertion must be substantiated with credible evidence, emphasizing that allegations alone are insufficient for divorce under the Hindu Marriage Act.
The burden of proof lies with the appellant to establish claims of cruelty and desertion, which must be supported by credible evidence, and mere allegations without proof are insufficient for divorce....
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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