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SOUMEN SEN, PARTHA SARATHI SEN
Tanushree Roy – Appellant
Versus
Prasenjit Roy @ Hang – Respondent
JUDGMENT :
1. Affidavit of service filed in court today be kept on record.
2. None appears on behalf of the respondent/husband despite service.
3. We have heard learned advocate for the appellant/wife at length in support of the instant appeal.
4. The present appeal is now taken up for passing appropriate order.
5. In this appeal the order dated 18.05.2023, passed in Matrimonial Suit No. 138 of 2022 by the learned Additional District Judge, 1st Track-I, Alipurduar has been assailed. By the impugned order the learned Trial Court dismissed the appellant/wife’s application for divorce ex parte as filed under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955 (hereinafter referred to as the ‘said Act’).
6. On perusal of the copy of the plaint as has been annexed with the stay petition being CAN 1 of 2023, it appears to us that the said suit for divorce has been initiated basically on the ground of cruelty and desertion. It is the case of the petitioner/wife before the learned Trial Court that her marriage was solemnized as per Hindu rites and customs on 04.03.2021 and thereafter she started leading her conjugal life with the respondent/husband at her matrimonial home. It is the fur
The court established that the absence of the respondent and the unchallenged testimony of the appellant warranted the granting of divorce on grounds of cruelty and desertion.
The court recognized willful neglect as a valid ground for divorce under Hindu law, establishing that non-contestation and prolonged separation indicate desertion.
The right to a fair hearing must be upheld in legal proceedings; ex-parte decrees are void if due process and opportunities to defend are denied.
Proper service of notice, Burden of proof in allegations of cruelty, Consequences of producing false evidence
The decree of divorce is valid under the principles of desertion and mental cruelty when substantial evidence supports breakdown of marriage.
Ex-parte decree of divorce – Substituted service has to be resorted as last resort when defendant cannot be served in ordinary way – Ex-parte judgment passed against appellant set aside.
(1) No evidence of alleged cruelty is found within the four corners.(2) Conduct of the appellant nullifies her allegation of cruelty.
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