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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Vinay Kumar Verma, Son of Basant Mahto – Appellant
Versus
Kiran Devi, Wife of Vinay Kumar Verma – Respondent
JUDGMENT :
1. The instant appeal under Section 19(i) of the Family Court Act, 1984 is directed against the order/judgment dated 30.04.2022 passed by the learned Principal Judge, Family Court, Godda in Original Suit No. 66 of 2017, whereby and whereunder, the petition filed under Section 13(1)-(i), (i-a) & (i-b) of the Hindu Marriage Act, 1955 for dissolution of marriage by a Decree of Divorce, has been dismissed.
2. The brief facts of the case, which required to be enumerated, needs to be referred as under:
It is the case of the appellant/petitioner that the plaintiff/petitioner and defendant-respondent are Hindus and are governed by the Mitakshara school of Hindu Law. The petition for the dissolution of marriage has been filed on behalf of the petitioner/plaintiff (Husband) against his wife (defendant) on the grounds of adultery, cruelty and desertion. The marriage between the petitioner/plaintiff and the respondent/defendant took place according to Hindu customary rites and ceremonies on 12.12.2009 at village Kanhwara within Godda (M) P.S. After marriage the Plaintiff/petitioner and Defendant/ respondent lived together at the village Nonvatta within Godda district for about 15 days
The court held that allegations of adultery, cruelty, and desertion must be substantiated with cogent evidence, and mere claims are insufficient for divorce.
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.
Divorce on cruelty and desertion grounds requires cogent evidence proving grave conduct and animus deserendi; appellate court upholds trial dismissal absent perversity in reasoned findings based on p....
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 court found that the trial court's decree of divorce based on cruelty was unsupported by evidence, emphasizing the need for proper attribution of actions and context in marital disputes.
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....
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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