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RONGON MUKHOPADHYAY, DEEPAK ROSHAN
Pradeep Rana – Appellant
Versus
Urmila Devi – Respondent
JUDGMENT
HON'BLE MR. JUSTICE R. Mukhopadhyay, J.
1. Heard Mr. Sahil, learned counsel appearing for the appellant, Mr. Ankit Apurva, learned counsel appearing for the respondent no.1 and Mr. Sajid Yunus, learned counsel appearing for the respondent no.2.
2. This appeal is directed against the judgment and decree dated 24.04.2018 (decree signed on 04.05.2018) passed by Shri Sunil Kumar Singh, learned Principal Judge, Family Court, Koderma in O.S. No. 08 of 2016, whereby and whereunder the Suit preferred by the appellant for dissolution of marriage with the respondent has been dismissed.
3. For the sake of convenience, both the parties are referred to in this judgment as per their status before the learned court below.
4. A Suit was preferred by the petitioner (appellant herein) under Section 13(1)(i) of the Hindu Marriage Act, 1955 against the respondent no.1 (respondent no. 1 herein also) in which inter-alia it has been stated that the marriage between the petitioner and the respondent was solemnized in the year 2003 at village Jharkhi, District Giridih as per Hindu rites and customs. After marriage, the petitioner and the respondent lived together as husband and wife at village Markacho
The court established that allegations of adultery must be substantiated with credible evidence, and the absence of such evidence can lead to the dismissal of divorce petitions under the Hindu Marria....
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.
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.
In matrimonial disputes, direct evidence of adultery is rarely attainable due to the secretive nature of the act. Courts may grant divorce based on the cumulative weight of circumstantial evidence an....
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....
Divorce – Staying separate for more than a decade would not be construed to be an irretrievable break down of marriage.
The main legal point established in the judgment is that evidence of cruelty and desertion must be adequately proven, and reliance on retracted allegations without considering the reasons for retract....
The onus of proving allegations of cruelty in a petition for dissolution of marriage under the Hindu Marriage Act lies on the petitioner, who must prove the allegations with sufficient particularity ....
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