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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, SANJAY KUMAR JAISWAL
Maglince John, W/o. Thomas John – Appellant
Versus
Thomas John, S/o. Shri Ram Bhau – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. Feeling aggrieved and dissatisfied with judgment & decree dated 27-10-2023 passed by the 2nd Additional Principal Judge, Family Court, Bilaspur in Civil Suit No.502-A/2019, the appellant herein has preferred this appeal under Section 19(1) of the Family Courts Act, 1984, by which the application under Section 10(ix) & (x) of the Divorce Act, 1869 filed by the respondent herein has been allowed.
2. Following facts are necessary to adjudicate this appeal preferred by the appellant herein/wife: -
3. Marriage between the appellant and the respondent was solemnized on 15-5-1986 as per the Christian rituals at Vijayawada, Andhra Pradesh and out of their wedlock, they were blessed with two daughters – Martina & Monica and one son – Richard. However, Martina entered into marriage with one E. Vijay Kumar on 24-11- 2011 against the wish of the respondent that has led to matrimonial discard between them leading to which the appellant lodged a complaint against the respondent which is said to be false by the respondent and consequently, the appellant/wife started residing with her daughter Martina and son-in-law E. Vijay Kumar.
4. It is the case of the respondent
The court affirmed that desertion and cruelty, under the Divorce Act, 1869, were established, allowing for divorce as neither party was willing to maintain the marital relationship.
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 held that prolonged separation and actions causing mental anguish, including false accusations, constitute sufficient grounds for divorce under the Hindu Marriage Act.
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.
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....
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.
Prolonged separation exceeding a decade constitutes mental cruelty, and refusal to resume cohabitation indicates desertion, justifying divorce under Hindu Marriage Act.
Grounds for divorce under Hindu Marriage Act must be substantiated by convincing evidence; mere allegations of cruelty or adultery without proof do not warrant decree of divorce.
Divorce on cruelty and desertion grounds requires cogent evidence proving grave conduct and animus deserendi; appellate court upholds trial dismissal absent perversity in reasoned findings based on p....
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