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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Barun Kumar, S/o Koushal Kumar Singh – Appellant
Versus
Pallavi Kumari, W/o Barun Kumar – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J.
1. Heard Mr. Binod Kumar Dubey, learned counsel for the appellant and Mr. Prashant Kumar Srivastava, learned counsel for the respondent.
2. This appeal is directed against the judgment and decree dated 05-01-2023 (decree signed on 20-01-2023) passed by Sri Shambhu Lal Shaw, learned Principal Judge, Family Court, Hazaribag in Original Suit No. 120 of 2021 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 trial court.
4. The petitioner/husband (appellant herein) had referred a suit under Section 13(1)(ia)(ib) of the HINDU MARRIAGE ACT , 1955 in which, inter alia, it has been stated that the marriage of the petitioner was solemnized with the respondent on 23-06-2010 at Gandhi School Road, Gas Godam Gali, Koderma as per Hindu rites and customs. Out of the said wedlock, a son was born who is mentally retarded and his treatment is going on in Vellore. It has been alleged that from the time of the marriage, the respondent had tried to disturb the petitioner i
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....
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.
Solemnization of second marriage by wife during subsistence of first constitutes mental cruelty, justifying divorce; additional evidence thereof admissible in appeal.
Cruelty under the Hindu Marriage Act requires substantial evidence demonstrating severe marital discord, unproven allegations do not justify divorce.
Cruelty, as a ground for divorce under the Hindu Marriage Act, requires substantial proof of conduct that severely impacts the mental or physical well-being of the other spouse, making cohabitation i....
Cruel behavior and desertion can justify the dissolution of marriage under the Hindu Marriage Act, leading to the award of permanent alimony.
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.
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