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RONGON MUKHOPADHYAY, DEEPAK ROSHAN
Dhipram Chanda – Appellant
Versus
Munmun Chandra – Respondent
JUDGMENT :
R. Mukhopadhyay, J.
1. Heard Mr. Anurag Kashyap, learned counsel for the appellant and Mr. J.N. Upadhyay, learned counsel appearing for the respondent.
2. This appeal is directed against the judgment and decree dated 23.03.2019 (decree signed on 04.04.2019) passed by Sri Satya Prakash Sinha, learned Principal Judge, Family Court, East Singhbhum at Jamshedpur in Original Suit No. 368 of 2015, whereby and whereunder, the suit preferred by the appellant u/s 27(1) (d) of the Special Marriage Act has been dismissed.
3. For the sake of convenience both the parties are referred to in this judgment as per their status in the learned court below.
4. The petitioner (appellant herein) had preferred a suit u/s 27(1) (d) of the Special Marriage Act, 1954 seeking dissolution of marriage with the respondent (respondent herein), wherein it has been stated that the marriage between the petitioner and the respondent was solemnised on 25.02.2014 before the Marriage Officer, Sub Registry Office at Sakchi as per Hindu customary rites and rituals on 03.03.2014. The petitioner had earlier filed a suit u/s 25 (iii) (b) of the Special Marriage Act, 1954 for declaring the marriage as void, but the sai
The main legal point established in the judgment is the criteria for proving cruelty in a matrimonial relationship under Section 27(1)(d) of the Special Marriage Act, emphasizing the need to distingu....
Cruelty under the Hindu Marriage Act requires substantial evidence demonstrating severe marital discord, unproven allegations do not justify divorce.
Divorce – Normal wear and tear of marital life is not a ground for divorce.
Cruelty, as a ground for divorce under the Hindu Marriage Act, requires substantial proof of conduct that severely impacts the mental or physical well-being of the other spouse, making cohabitation i....
Divorce – Staying separate for more than a decade would not be construed to be an irretrievable break down of marriage.
Divorce – Cruelty and desertion by wife cannot be assumed only on the basis of some photographs shown by husband.
The main legal point established in the judgment is that the irretrievable breakdown of marriage is not a ground for divorce under the Indian Divorce Act, 1869.
Evidence of mental cruelty was established, justifying dissolution of marriage under Hindu Marriage Act, where irretrievable breakdown of marriage was not independently recognized as a ground.
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