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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.BAJANTHRI, S.B.PD.SINGH
Reena Singh @ Chunni @ Rina Kumari, Wife of Rakesh Singh – Appellant
Versus
Rakesh Singh, S/o. Late Kamal Kishore Singh – Respondent
| Table of Content |
|---|
| 1. grounds for divorce due to cruelty. (Para 2 , 3 , 4 , 5) |
| 2. appellant denies allegations; claims cruelty. (Para 6 , 8 , 9 , 10) |
| 3. court found lack of consideration for appellant's evidence. (Para 11 , 12 , 13 , 14) |
| 4. judgment set aside; matter remanded for merits. (Para 15 , 16 , 17) |
JUDGMENT :
S. B. PD. SINGH, J.
Heard the parties.
2. The appellant has come up in this appeal against judgment and decree dated 27.01.2018 passed by the learned Principal Judge, Family Court, Vaishali at Hajipur in Divorce Case No. 36 of 2012, whereby the petition filed by the respondent under Section 13(1) of the Hindu Marriage Act, 1955 (in short 'the 1955 Act') seeking dissolution of marriage by a decree of divorce, has been allowed.
3. The pleaded case of the respondent in his petition under Section 13 (1) of the Hindu Marriage Act, 1955 is that the marriage of the appellant was solemnized with the respondent as per Hindu custom and rites on 03.12.2004. After marriage, the appellant came to her Sasural where she was being kept with all honour and dignity by the family members of the respondent. The appellant stayed at her matrimonial house for three months and during her stay at her ma
The right to procedural fairness mandates that all parties must be given adequate opportunity to present their case in legal proceedings.
The court emphasized that cruelty must be substantial enough to justify divorce, reaffirming that minor disputes do not legally constitute cruelty under the Hindu Marriage Act.
Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.
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....
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