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IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI, ACJ, S.B. PD. SINGH
Kiran Devi, wife of Akhilesh Mishra – Appellant
Versus
Akhilesh Mishra, son of Kanhaiya Mishra – Respondent
JUDGMENT :
S. B. PD. SINGH, J.
Heard the parties.
2. The present appeal has been filed under Section 19(1) of the Family Court Act, 1984 impugning the judgment and decree dated 25.02.2019 passed by learned Principal Judge, Family Court, Gopalganj in M.M Case No. 176 of 2011, whereby the matrimonial suit, preferred by the respondent No. 1, for a decree of divorce, on dissolution of marriage, has been allowed subject to payment of Rs. 2,50,000/- as permanent alimony for life support of the appellant.
3. The case of the respondent No. 1 as per petition filed before the Family Court is that the marriage of the appellant was solemnized with respondent No.1 in the month of May, 2005 as per the Hindu Rites and Custom. After the marriage, the appellant came to her matrimonial house and stayed there for few months and thereafter, she went to her parents’ house and stayed there for a year. The respondent-husband and his father made several attempts to take the appellant to her matrimonial house, but all the efforts went in vein. Lastly in the month of June, 2006 the respondent No. 1 went to his Sasural along with some relatives on promise of his father-in-law and brother-in-law to sent the appel
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 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.
Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.
Point of Law : Once parties have separated and the separation has continued for a sufficient length of time and one of them has presented a petition for divorce, it can well be presumed that marriage....
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