IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI, CJ, S. B. PD. SINGH
Alok Kumar Son of Shri Hare Krishna Singh – Appellant
Versus
Anupama Singh Wife of Alok Kumar – Respondent
JUDGMENT :
S. B. PD. SINGH, J.
Heard the parties.
2. The appellant-husband (Alok Kumar) has come up in this appeal against judgment and decree dated 11.09.2018 passed by the learned Principal Judge, Family Court, Muzaffarpur in Matrimonial (Divorce) Case No. 211 of 2013 whereby the petition filed by the appellant under Section 13(1)(i-a) of the HINDU MARRIAGE ACT , 1955 (in short 'the 1955 Act') seeking dissolution of marriage by a decree of divorce, has been dismissed.
3. Succinctly, the marriage of appellant- Alok Kumar was solemnized with respondent-Anupma Singh on 2nd December 2010 as per Hindu rites and ceremonies. The marriage was solemnized and performed at Lichhavi Hotel, Imlichatti, Muzaffarpur. The marriage was duly consummated; however, no child was born from the wedlock.
4. The pleaded case of appellant-husband in his petition filed under Section 13 (1)(i-a) of the 1955 Act was that appellant was employed in Merchant Navy. The marriage with the appellant was arranged one. The case of the appellant, in short is that appellant got married with respondent Anupma Singh on 02.12.2010 according to Hindu rites and rituals. The marriage was solemnized and performed at Lichhavi Hote
Divorce is granted based on the irretrievable breakdown of marriage, and permanent alimony is awarded factoring in the financial capacities of the parties.
The court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
The refusal to cohabit and unilateral abandonment constitute grounds for divorce under the Hindu Marriage Act, qualifying as mental cruelty.
Mental cruelty justifies divorce; unilateral refusal of cohabitation and long-term separation erode marital obligations under Hindu Marriage Act.
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