Back
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Soni Devi @ Supriya, W/o. Subodh Kumar, D/o. Gopal Prasad – Appellant
Versus
Subodh Kumar, S/o. Late Rameshar Prasad – Respondent
JUDGMENT :
R. Mukhopadhyay, J.
Heard Mr. Samir Kumar Lall, learned counsel appearing for the appellant and Mr. Parambir Singh Bajaj, learned counsel appearing for the respondent.
2. This appeal is directed against the judgment and decree dated 26.11.2018 (decree signed on 07.12.2018) passed by Sri Brajesh Kumar Gautam, learned Principal Judge, Family Court, Ranchi in Original Suit No. 706 of 2017 whereby and whereunder the suit preferred by the respondent herein for dissolution of his marriage with the appellant has been allowed and the marriage between them has been dissolved with a direction to the respondent herein to pay one time permanent alimony of Rs. 5,00,000/- within a period of three months.
3. For the sake of convenience, both the parties are referred to in this judgment as per their status before the learned trial court.
4. A suit was preferred by the petitioner (respondent herein) under Section 13 (1) (i-b) of the Hindu Marriage Act, 1955 seeking dissolution of marriage with the respondent (appellant herein) in which it has inter-alia been stated that the marriage of the petitioner was solemnized with the respondent on 11.07.2008 as per Hindu rites and customs and after the
The court emphasized that allegations of cruelty and desertion must be substantiated with clear evidence, and unchallenged claims do not warrant dissolution of marriage.
The court ruled that allegations of cruelty and desertion must be substantiated with clear evidence, which was lacking in this case, thus the marriage could not be dissolved.
Cruel behavior and desertion can justify the dissolution of marriage under the Hindu Marriage Act, leading to the award of permanent alimony.
The main legal point established in the judgment is the requirement for specific and substantiated instances of cruelty and desertion to support claims under Section 13(1)(ia) (ib) of the Hindu Marri....
The main legal point established in the judgment is that the grounds of cruelty and desertion, as provided under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, were proven by the responden....
The uncontroverted testimony of a party can be accepted as evidence, and a presumption can be made in favor of the other party when they do not testify.
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.
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 court established that mental cruelty and desertion were proven through unrefuted evidence, justifying the dissolution of marriage under Hindu Marriage Act, 1955.
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
