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SUJIT NARAYAN PRASAD, SUBHASH CHAND
Manju Kumari – Appellant
Versus
Anil Kumar – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
The instant appeal under Section 19(1) of the Family Courts Act, 1984 is directed against the judgment dated 18.08.2018 passed in Original Suit No. 632 of 2016 by the learned Principal Judge, Family Court, Ranchi, whereby and whereunder, the suit filed for dissolution of marriage by the wife against the husband under Section 13(1)(ia), (ib) of the Hindu Marriage Act, 1955 hereinafter referred to as the Act, 1955 has been dismissed.
2. The brief facts of the case as per the pleading made by the petitioner in an application filed under Section 13(1)(ia), (ib) and (1A) of the Hindu Marriage Act, 1955 hereinafter referred to as the Act, 1955, reads as under:
It is the case of the appellant that her marriage was solemnized with respondent on 24.05.2013 according to Hindu rites and customs, at Bokaro. At the time of marriage an amount of Rs. 7.5 lakh was transferred to the Bank account of respondent as well as household article and Jewelries worth Rs. 8 lakhs were given. But from the first day of marriage the respondent/husband and his family members stared torturing her mentally for bringing less dowry. The elder sister of respondent also captured her orn
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.
Divorce grounds of adultery require high probability proof beyond suspicion; cruelty must be grave causing cohabitation impossibility; desertion needs two-year separation preceding petition. Absent p....
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....
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.
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.
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.
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