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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
| Table of Content |
|---|
| 1. marriage and allegations of cruelty. (Para 3 , 4 , 5) |
| 2. arguments regarding the trial court's decision. (Para 15 , 16) |
| 3. analysis of cruelty in divorce. (Para 18 , 19 , 20 , 21) |
| 4. elements of cruelty and adultery. (Para 23 , 25) |
| 5. conclusion on appeal outcome. (Para 27 , 28 , 29) |
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 responde
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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