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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Rajesh Kumar
Shakuntala Devi – Appellant
Versus
Mahabir Prasad – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal under section 19(1) of the Family Courts Act, 1984 is directed against the judgment dated 21.12.2021 and the decree dated 06.01.2022 passed in Original Suit No.24 of 2017 by the learned Principal Judge, Family Court, Latehar (in short-Family Judge) whereby and whereunder the marriage between the appellant-wife, namely, Shakuntala Devi and the respondent-husband, namely, Mahabir Prasad has been dissolved by a decree of divorce on contest with effect from the date of decree.
2. The brief facts of the case as per the pleadings made in the plaint having been recorded by the learned Family Judge, needs to be referred herein as:
(i) The marriage of the plaintiff, namely, Mahabir Prasad was solemnized with the defendant, namely, Shakuntla Devi in Jagarnath Mandir, Ranchi in the year 1987 as per Hindu Rites and Rituals. Both parties are administered by Hindu Law and Hindu Marriage Act. After marriage defendant lived in her matrimonial home with her husband/plaintiff and gave birth to two sons and one daughter. Out of them only two sons namely, Anmol Kumar, aged about 22 years and Ravi Kumar, aged about 20 years are alive. In order to me
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The court affirmed that desertion and cruelty, established through evidence, justify the grant of divorce under Hindu Marriage Act, reinforcing the burden of proof on the petitioner.
Husband failed to prove cruelty or desertion in divorce suit; unproved illicit relationship allegation itself constitutes cruelty to wife; appellate court upholds trial findings absent perversity, re....
For a decree of divorce under cruelty or desertion, credible evidence substantiating these claims is essential. The court found no such evidence and upheld the Family Court's decision.
The burden of proof lies with the appellant to establish claims of cruelty and desertion, which must be supported by credible evidence, and mere allegations without proof are insufficient for divorce....
Divorce grounds of adultery require high probability proof beyond suspicion; cruelty must be grave causing cohabitation impossibility; desertion needs two-year separation preceding petition. Absent p....
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