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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.BAJANTHRI, ACJ., S.B.PD.SINGH
Soma Raha @ Soma Aich @ Soma Aice @ Soma Raha Aich D/o Shyamal Aich, W/o Partho Sarthi Raha – Appellant
Versus
Partho Sarthi Raha Son of late Panay Kumar Raha – Respondent
| Table of Content |
|---|
| 1. grounds for divorce include cruelty and desertion. (Para 2 , 3) |
| 2. respondent's denial of allegations and claims. (Para 4 , 9) |
| 3. definition and parameters of cruelty established. (Para 13 , 14 , 15) |
| 4. long separation evidences breakdown beyond repair. (Para 17 , 18) |
| 5. legal reasoning support claim of desertion and divorce. (Para 21 , 22) |
| 6. decree of divorce granted. (Para 23 , 24 , 26) |
JUDGMENT :
1. Heard learned counsel for the appellant. None appears on behalf of the respondent.
3. The case of the appellant as per petition filed before the Family Court is that the marriage of the appellant with respondent was solemnized on 23.04.2000 at Kolkata as per Hindu rights and customs. The marriage was registered under Special Marriage Act . At the time of marriage, the father of the appellant spent Rs. 9 lakhs on articles and sent the same with the appellant. The marriage was consummated and out of the wedlock, a girl-child was born who is now 11 years old. After one year of the marriage, the appellant found the behavior of the respondent towards her was not very good and he had his eyes on the appellant’s jewellery and he deceived her and kept her jewellery with himself i
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....
The court determined that mental cruelty and prolonged separation are legitimate grounds for divorce under the Hindu Marriage Act.
The court found that general allegations of cruelty without specific evidence do not justify the dissolution of marriage, emphasizing the need for substantial proof of mental or physical cruelty.
Mental cruelty, as defined under Hindu Marriage Act, can irreparably damage the trust and respect in marriage, providing sufficient grounds for divorce even without physical violence.
The main legal point established in the judgment is the application of the concept of mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and the consideration of irretrievable b....
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