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IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY, HON’BLE MR. JUSTICE DEEPAK ROSHAN
Pradeep Rana - Appellant
Versus
Urmila Devi and ors. - Respondents
First Appeal No.255 of 2018
Decided On : 06-02-2024
HINDU MARRIAGE ACT - Dissolution of Marriage - Section 13(1)(i) - The court discussed Section 13(1)(i) of the Hindu Marriage Act, 1955, which allows for divorce on the grounds of adultery. The court interpreted the evidence presented, including witness testimonies and the circumstances surrounding the alleged affair, ultimately concluding that the petitioner failed to substantiate claims of adultery. The court emphasized the need for credible evidence in divorce proceedings, particularly in cases involving allegations of infidelity, which significantly influenced its decision to uphold the lower court's ruling.
Fact of the Case:
The petitioner sought dissolution of marriage under Section 13(1)(i) of the Hindu Marriage Act, alleging that his wife had an illicit affair with the respondent no. 2. The petitioner claimed to have caught the two in a compromising position and presented evidence of a Panchayat decision where the wife allegedly confessed her infidelity. The wife denied the allegations, claiming she was subjected to cruelty and had filed a dowry-related complaint against the petitioner.
Finding of the Court:
The court found that the petitioner failed to prove the allegations of adultery and cruelty. It noted inconsistencies in the evidence, including the lack of corroborating witnesses from the joint family and the absence of the mobile phone as evidence. The court concluded that the respondent no. 1 had expressed a desire to remain with the petitioner, undermining his claims.
Issues: 1. Whether the Suit as framed is maintainable in its present form? 2. Whether the petitioner has a valid cause of action for the present suit? 3. Whether the respondent no. 1 had voluntary sexual intercourse with respondent no. 2? 4. Whether the respondent wife had treated the petitioner with cruelty? 5. Whether the petitioner is entitled to a decree of divorce? 6. To what relief or reliefs the petitioner is entitled?
Ratio Decidendi: The court emphasized the necessity of credible evidence in proving allegations of adultery and cruelty in divorce proceedings. It highlighted the importance of corroborating testimonies and the need for the petitioner to substantiate his claims with reliable evidence, which he failed to do.
Final Decision: The appeal was dismissed, and the judgment and decree of the lower court were upheld, confirming that the petitioner did not meet the burden of proof required for divorce on the grounds of adultery.
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, District Koderma. Out of the said wedlock, 2 children were born. It has been stated that for the last one year, the respondent no. 1 had shown her dis-inclination in cohabitation, which the petitioner thought was perhaps on account of household works and fatigue. The petitioner had heard rumors in the village that the respondent no.1 was entangled with some other person which was initially disbelieved by him, but he started watching the conduct of the respondent no. 1. On 06.04.2015 the petitioner had gone to Giridih for some work and returned late at 9:30 pm and when he reached near his house, he found someone coming out from his house. Due to darkness, the stranger could not be identified by the petitioner and when his wife feigned ignorance, the petitioner became suspicious. On 07.09.2015 the petitioner had gone to Ranchi for some urgent work and though he was to return on 9.9.2015, but due to the work for which he had gone, was completed a day earlier, he returned back to his house on 08.09.2015 at 8.00 pm. He found the door of his house open and when he knocked at the door of his room, it was opened by the respondent no.1 after a few minutes which created a doubt in the mind of the petitioner and when he started searching the room, he found a person having concealed himself under his bed. The said person was identified as his neighbour Hasmat Ali (respondent no.2) and both the respondents confessed and disclosed that they were having an illicit affair for the last 2 years. The respondent no.2 had inadvertently left his mobile from which the petitioner could gather that there was a regular conversation between the respondent no.1 and the respondent no.2. On the next day, i.e. 9.9.2015 the matter was placed before the village elders where the respondent no.1 had confessed about her illicit relationship with the respondent no.2 and she also expressed her willingness to dissolve the marriage as per customs. The respondent no.1 had given her consent for divorce in presence of her father-in-law, Mukhiya of Markacho Panchayat and others after which she handed over her children to her husband and left her matrimonial house never to return back.
5. Initially, the Suit proceeded ex-parte as the respondent no.1 did not appear in spite of paper publication, but subsequently she appeared and on an application preferred by the petitioner, the respondent no.2 was impleaded as a party.
6. In the show-course filed by the respondent no.1, she has denied having illicit relationship with the respondent no.2. In fact, it was the petitioner who was having an illicit relationship with his sister-in-law Chanchala Devi, which was objected to by the respondent no.1. It has been stated that the respondent no.1 was subjected to torture for bringing insufficient dowry and a
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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....
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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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