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UDAY KUMAR
Jharna Roy – Appellant
Versus
Sudipta Roy – Respondent
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 to express their views and in response the learned Counsel for the parties had agreed to file an application for mutual divorce before the learned District Judge, Alipore within two weeks from date that is 1st May, 2023. Both the parties had admitted that the marriage has irretrievably broken and is completely unworkable. Now with a view to resile from the views expressed by the respondent no. 1 an application has been filed on 15th May, 2023 on a specious plea that the applicant had never consented for mutual divorce and a prayer for modification ha
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 court established that continuous emotional distress and irretrievable breakdown, despite lack of proof of adultery, constitutes valid grounds for divorce under marital law.
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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