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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE SHREE CHANDRASHEKHAR, MR. JUSTICE KULDEEP MATHUR, JJ
Neetu – Appellant
Versus
Vinod Kumar – Respondent
JUDGMENT :
(Kuldeep Mathur, J.)
1. The present Appeal has been preferred on behalf of the appellant- wife- Neetu against the judgment and decree dated 16th December 2023 passed by the learned Judge, Family Court, Sirohi in Civil Misc. Case No.82/2019 whereby the petition preferred by the respondent no.1- husband- Vinod Kumar under Section 13(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act of 1955’) for dissolution of marriage was allowed and a decree of divorce between the parties was passed.
2. Succinctly stated facts of the present case are that the respondent no.1- Vinod Kumar filed a divorce petition before the learned Family Court, Sirohi, alleging inter alia that the marriage of the appellant- wife and the respondent no.1 was solemnized on 02nd December 2009 at Village Malwada, Tehsil Raniwara, District Jalore and two sons namely Sahil and Kunal were born out of their wedlock. Upto two years of their marriage, they continued their conjugal relations peacefully however, in the month of November/ December of 2011, the respondent no.1 discovered the extra- marital affair of his wife- Neetu through her phone and her personal diary. For the sake of their marri
In matrimonial disputes, the burden of proof lies on the petitioner to establish claims of cruelty and adultery by preponderance of probabilities, not beyond reasonable doubt.
The appellant must provide credible evidence for claims of cruelty and adultery for a divorce to be granted, as mere allegations without proof do not meet legal standards.
The court held that allegations of cruelty must be substantiated by evidence, and unpleaded facts cannot be introduced during the evidence stage in divorce proceedings.
Allegations of cruelty and extramarital affair must be substantiated by credible evidence for a divorce to be granted under the Hindu Marriage Act.
Dissolution of marriage – Irretrievable breakdown of marriage is not available as a statutory ground to dissolve a Hindu marriage.
Unfounded baseless allegations by spouse amounts to cruelty and may provide ground for dissolution of marriage.
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....
Unfounded allegations of adultery by one spouse against the other constitute mental cruelty of the gravest character to warrant divorce.
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