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UDAY KUMAR
Jharna Roy – Appellant
Versus
Sudipta Roy – Respondent
| Table of Content |
|---|
| 1. mutual divorce application filed. (Para 1 , 2) |
| 2. court entertained application for modification. (Para 3 , 4 , 5) |
| 3. dispute over child's paternity and adultery allegations. (Para 6 , 7 , 10 , 11) |
| 4. dna test conducted to establish paternity. (Para 8 , 9) |
| 5. claims of adultery and child's legitimacy contested. (Para 12 , 13 , 14) |
| 6. testimony concerning cruelty and adultery. (Para 19 , 21 , 28) |
| 7. legality of cruelty due to false allegations. (Para 26 , 27) |
| 8. court's final order on dissolution of marriage. (Para 29 , 30 , 31 , 32 , 33) |
JUDGMENT :
Uday Kumar, J. - The matter has appeared in the list today in order to ascertain whether application for mutual divorce has been filed by the parties before the learned District Judge, Alipore and if so, if it has been disposed of by the learned District Judge, in the meantime.
2. However, during the pendency of this appeal instead of filing an application the respondent/husband has filed the instant application for modification or variation of the order dated 1st May, 2023. The appellant however, was agreeable to file an application for mutual divorce. On 1st May, 2023 on consideration of the DNA report we invited the parties t
Petition filed by the husband seeking dissolution of marriage alleging adultery or infidelity on the part of the wife disputing the paternity of the child born during the subsistence of their marriag....
Dissolution of marriage granted based on established grounds of adultery and cruelty under the Hindu Marriage Act.
The presumption of legitimacy under Section 112 of the Evidence Act is not easily rebutted and can only be dislodged by establishing a strong prima facie case. Refusal to undergo a D.N.A. test for th....
The court affirmed that the evidence of persistent cruelty justified the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, establishing a clear breakdown of the marital relat....
Section 112 of Indian Evidence Act, which reads as birth during marriage, conclusive proof of legitimacy.
The appeal court affirmed that substantial evidence of cruelty and adultery justified the husband's divorce petition, while mere allegations against him lacked sufficient proof.
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