Back
SUJIT NARAYAN PRASAD, SANJAY KUMAR DWIVEDI
Sanjeev Chokhani S/o Shri Hari Prasad Chokhani – Appellant
Versus
Garima Chokhani W/o Sanjeev Chokhani – Respondent
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
1. The instant appeal, under Section 19(1) of the Family Courts Act, is directed against judgment and decree dated 05.12.2018 passed by learned Principal Judge, Family Court, Ranchi in Original Suit (M.T.S.) No. 518 of 2015 whereby and whereunder the suit filed by the petitioner-husband, appellant herein, under Section 13 of the Hindu Marriage Act, 1955 for decree of divorce has been dismissed.
2. The facts in brief are that the appellant-husband married with respondent-wife on 18.06.1997 at Agrasen Bhawan, Ranchi as per Hindu Customs, rites and rituals. Out of their wedlock, they have two daughters, namely, Hansika Chokani-the elder one and the younger is Nikki Chokhani.
It is the case of the appellant-husband, as per the pleading made in plaint, that the respondent-wife is a bad tempered lady of rude behavior and since marriage she started quarreling and misbehaving with the appellant and his parents. Due to such behavior of the respondent, the appellant had to live separately from his parents for the last ten years. It is alleged by the appellant-husband that on many occasions the respondent insulted the appellant in social gathering and functions
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....
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.
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.
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
