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RONGON MUKHOPADHYAY, DEEPAK ROSHAN
Pramila Devi – Appellant
Versus
Radhey Shyam Sao – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J.
1. Heard Mr. Sheo Kr. Singh, learned counsel appearing for the appellant and Mr. Manoj Kr. No. 2, learned counsel for the respondent.
2. This appeal is directed against the judgment and decree dated 27.07.2018 (decree singed on 03.08.2018) passed by Sri Banshidhar Tiwari, learned Principal Judge Family Court, Palamau at Daltonganj in Matrimonial Suit No. 67 of 2015, whereby and whereunder the marriage between the appellant and the respondent has been dissolved from the date of the decree.
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 petitioner (respondent herein) had preferred a suit for dissolution of marriage with the respondent (appellant herein) under section 13(1)(ib) of the Hindu Marriage Act, 1955 wherein it has been stated the marriage of the petitioner was solemnized with the respondent on 28.05.1985 at village Lohar Pokhari, P.O. Dhawadih, P.S. Lesliganj within the district of Palamu. Out of the wedlock a son was born in the year 1987 who is now aged about 20 years and who stays with his mother (appellant). It has been stated that during the stay of
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.
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....
To establish cruelty under the Hindu Marriage Act, allegations must demonstrate serious misconduct affecting marital relations, not simply dissatisfaction. The burden of proof lies entirely on the pe....
Cruel behavior and desertion can justify the dissolution of marriage under the Hindu Marriage Act, leading to the award of permanent alimony.
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 Family Court erred by dissolving the marriage based on irretrievable breakdown, not recognized under the Hindu Marriage Act, and failed to apply statutory criteria for divorce, specifically cruel....
Cruelty and desertion in marital law require substantial proof; a spouse's commuting for work and financial support does not constitute grounds for dissolution of marriage.
The main legal point established in the judgment is the requirement to prove mental cruelty and desertion in accordance with the legal principles outlined in the Hindu Marriage Act, 1955, and relevan....
Cruelty under the Hindu Marriage Act requires substantial evidence demonstrating severe marital discord, unproven allegations do not justify divorce.
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