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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.BAJANTHRI, CJ., S.B.PD.SINGH
Anjan Kumar Roy, son of Shri Ram Bilas Roy – Appellant
Versus
Mala Devi, wife of Anjan Kumar Roy and daughter of Late Karyanand Singh – Respondent
JUDGMENT :
S. B. PD. SINGH, J.
1. Heard the parties.
2. The appellant has come up in this appeal against judgment and decree dated 29.06.2019 passed by the learned Principal Judge, Family Court, Bhagalpur in Matrimonial Case No. 12 of 2008, whereby the petition filed by the appellant under Sections 12 and 13 of the Hindu Marriage Act, 1955 (in short 'the 1955 Act') seeking dissolution of marriage by a decree of divorce, has been dismissed.
3. The pleaded case of the appellant in his petition filed under Sections 12 and 13 of the Hindu Marriage Act, 1955 is that marriage of the appellant with the respondent was solemnized on 29.06.2006 according to the Hindu rights and rituals and after marriage the respondent came at her Sasural and stayed there for about a week and thereafter, her brother came and took her to her parents’ house. During her stay, the appellant tried to cohibit with her but she frequently denied. After staying for sometimes, the respondent-wife returned to her Sasural. The appellant again tried to establish physical relation with the respondent but due to similar type of excuse by her, the physical relationship could not be established. The appellant, time and again
Barrenness alone is not grounds for divorce under the Hindu Marriage Act; Family Courts must rigorously evaluate all evidentiary materials, particularly medical reports.
Unfounded allegations of impotency can constitute mental cruelty, warranting divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
The burden of proof in cases of impotency, the significance of rebuttal evidence, and the error in dismissing a suit ex parte without proper consideration of evidence.
The right to procedural fairness mandates that all parties must be given adequate opportunity to present their case in legal proceedings.
Divorce – Legal threshold for divorce on the ground of cruelty is stringent and must be supported by cogent and consistent evidence – Courts are bound to adjudicate not on sentiment, but on facts and....
Inability to bear a child is not a ground for divorce under the Hindu Marriage Act.
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.
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