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RONGON MUKHOPADHYAY, DEEPAK ROSHAN
Amar Kumar Singh, Son of Bijay Bahadur Singh – Appellant
Versus
Sunita Singh, daughter of Sri Ram Awdhesh Singh – Respondent
JUDGMENT :
Heard Mr. Amrendra Kumar, learned counsel appearing for the appellant and Mr. Abhijeet Kumar Singh, learned counsel appearing for the respondent.
2. This appeal is directed against the judgement and decree dated 10.5.2022 (decree signed on 17.5.2022), passed by Shri Gati Krishna Tewary, the learned Additional Principal Judge, Additional Family Court-2, East Singhbhum, Jamshedpur in Original Suit No. 182 of 2016 whereby and whereunder the suit preferred by the appellant for dissolution of his 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. The applicant (appellant herein) had filed a suit under section 13(1) (ia)(ib) of the Hindu Marriage Act, 1955 seeking dissolution of his marriage with the respondent (respondent herein also) in which inter alia it has been stated that the marriage between the applicant and the respondent was solemnized on 19.5.2001 as per Hindu Rites and Customs at Jamshedpur and out of the said wedlock a son was born on 12.7.2002. The respondent had resided with the applicant continuously for forty days from the date o
The court ruled that mere separation does not justify divorce without evidence of cruelty or desertion, emphasizing the burden of proof lies with the applicant.
Divorce – Both parties living separately since long, that by itself would not be a ground for dissolving marriage in absence of there being any such provision in Hindu Marriage Act, 1955.
Cruelty under the Hindu Marriage Act requires substantial evidence demonstrating severe marital discord, unproven allegations do not justify divorce.
The court emphasized the need to prove cruelty and desertion in divorce cases, considering the financial and emotional circumstances of the parties.
A marriage may be dissolved under the Hindu Marriage Act on grounds of cruelty and desertion when evidence shows a complete breakdown of the marital relationship, without any intention for reconcilia....
Claims of cruelty and desertion must be substantiated; mere allegations do not suffice under Hindu Marriage Act, leading to the dissolution of the marriage.
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.
The main legal point established in the judgment is the proof of cruelty and desertion under Section 13 (1) (ia) & (ib) of the Hindu Marriage Act, 1955.
Courts may grant divorce on the grounds of cruelty and desertion, considering the irretrievable breakdown of marriage as valid grounds, particularly when one party expresses a desire to live separate....
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