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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Anath Bandhu Adak – Appellant
Versus
Anita Adak (Patra) – Respondent
JUDGMENT :
SUPRATIM BHATTACHARYA, J.
1. The matter was listed for delivery of judgment on 18.12.2024 but due to the resolution of the Bar it had to be adjourned and as such judgment is being delivered today.
2. Being aggrieved by and dissatisfied with the judgment dated 25.03.2022 passed by the Ld. Additional District Judge, First Court, Uluberia, Howrah in Matrimonial Suit No. 14 of 2013, the appellant/husband has preferred the present appeal.
3. Through the petition before the Ld. Trial Court the appellant/petitioner/husband has prayed for divorce under Section 13(1) of the Hindu Marriage Act, 1955.
4. The appellant/husband herein was the petitioner whereas the respondent/wife herein was the respondent before the Trial Court.
5. Through the said judgment the Ld. Trial Judge has been pleased to dismiss on contest the prayer of the appellant/petitioner/husband praying for divorce.
6. Facts of the instant lis
The husband/appellant has prayed for divorce against his wife on the ground of desertion and cruelty. The said marriage has been solemnized on 10.06.2001. It is the contention of the husband that the respondent/wife is not able to reside with him in a joint family. It has also been sta
The burden of proof lies with the appellant to establish claims of cruelty and desertion, which must be supported by credible evidence, and mere allegations without proof are insufficient for divorce....
For a decree of divorce under cruelty or desertion, credible evidence substantiating these claims is essential. The court found no such evidence and upheld the Family Court's decision.
The court ruled that claims of cruelty and desertion must be substantiated with credible evidence, emphasizing that allegations alone are insufficient for divorce under the Hindu Marriage Act.
Husband failed to prove cruelty or desertion in divorce suit; unproved illicit relationship allegation itself constitutes cruelty to wife; appellate court upholds trial findings absent perversity, re....
Trivial marital conflicts do not equate to legal cruelty; however, persistent destructive behavior affecting a spouse’s mental well-being can justify divorce under Section 13(1)(ia) of the Hindu Marr....
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