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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.Bajanthri, Alok Kumar Pandey
Rajeev Kumar @ Rajiv Kumar S/o Dr. Shankar Prasad Suman – Appellant
Versus
Arti Kumari W/o Rajeev Kumar @ Rajiv Kumar – Respondent
JUDGMENT :
ALOK KUMAR PANDEY, J.
The present appeal has been directed against the order dated 12.03.2018 passed in Divorce Case No. 38 of 2017 by the Principal Judge, Family Court, Begusarai by which the prayer for divorce under Section 13(1)(1-a)(1-b) of the HINDU MARRIAGE ACT has been held to be not maintainable and dismissed.
2. Briefly stated facts of the present appeal is that the appellant’s marriage was solemnized with respondent on 05.05.2013. Thereafter, respondent came with appellant at her matrimonial home where respondent lived well for five days. Thereafter, respondent’s brother and other relatives took her to parental home. It is asserted that while going to her parental home, respondent took away expensive articles, ornaments and clothes. It has been averred in the divorce petition that appellant went to matrimonial home to bring his wife back but respondent has taken excuses not to join matrimonial home at one pretext or another. Appellant tried his level best to bring respondent back but lastly respondent replied to appellant that her parents solemnized the marriage against her will and there was no match between both the family. Appellant tried to convince the respon
Family Courts are mandated to prioritize mediation and must follow due process, ensuring that matrimonial disputes are resolved through proper hearings, not dismissed casually.
Procedural fairness is essential in family law cases; dismissing a counter claim without proper consideration violates principles of justice.
The court emphasized the necessity of proper service of summons in divorce proceedings, ruling that failure to comply with procedural requirements invalidates ex parte judgments.
Divorce – Foundational facts regarding allegation of adultery must be proved.
Courts may grant divorce on the grounds of cruelty and desertion, considering the irretrievable breakdown of marriage as valid grounds, particularly when one party expresses a desire to live separate....
Divorce is granted based on the irretrievable breakdown of marriage, and permanent alimony is awarded factoring in the financial capacities of the parties.
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