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HIGH COURT OF CHHATTISGARH
Rajani Dubey, Bibhu Datta Guru
Saroj W/o Videsh Kumar Sahu – Appellant
Versus
Videsh Kumar S/o Shri Chandra Shekhar Sahu – Respondent
Judgment :
(Rajani Dubey, J.)
Challenge in this appeal under Section 19(1) of the Family Courts Act, 1984 is to the legality and validity of the judgment and decree dated 26.6.2019 passed by Family Court, Rajnandgaon in Civil Suit No.121-A/2017 whereby the application under Section 27(1)(B)(D) of the Special Marriage Act, 1954 filed by the respondent/plaintiff has been allowed and consequently, the marriage of the parties solemnized on 7.7.2008 has been dissolved.
02. The admitted fact is that marriage of the appellant with the respondent was solemnized on 7.7.2008 before the District Marriage Officer, Rajnandgaon and from their wedlock, one daughter was born who is living with the appellant.
03. The respondent/plaintiff filed an application under Section 27(1) (B)(D) of the Special Marriage Act, 1954 with the averments that after marriage, behaviour of the appellant towards the respondent and his family members was ignorant and cruel; she started pressurizing the respondent for living separately from his parents and even when the respondent was living separately at Kaurinbhata, Rajnandgaon in a rented accommodation, she used to pick up quarrel on trivial issues and started going to he
Desertion requires intentional abandonment without consent and reasonable cause; the court found desertion established while cruelty was not proven.
The appeal court found the Family Court's dismissal of divorce due to cruelty and desertion to be perverse, establishing that the husband's behavior justified dissolution of marriage.
The court established that a long separation and refusal to cohabit amount to mental cruelty, justifying the dissolution of marriage under the Hindu Marriage Act.
The burden of proof lies heavily upon the petitioner to establish desertion without any reasons being assigned. Cogent and reliable evidence is required to prove desertion.
The court established that mental cruelty and desertion were proven through unrefuted evidence, justifying the dissolution of marriage under Hindu Marriage Act, 1955.
The main legal point established in the judgment is that the grounds of cruelty and desertion, as provided under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, were proven by the responden....
Restitution of conjugal rights – Remedy of restitution of conjugal rights is a positive remedy that requires both parties to live together and cohabit – Rights and duties arising out of marriage are ....
Cruelty and desertion established grounds for divorce under Hindu Marriage Act; applicant's claims of non-applicant's uncooperative behavior led to permanent breakdown of marriage.
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