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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Kiran Devi, W/o-Sanjay Kumar and daughter of Sushil Kumar – Appellant
Versus
Sanjay Kumar, S/o-Late Shivjee Rai – Respondent
JUDGMENT :
(Sujit Narayan Prasad, J.)
1. The instant appeal under Section 19(1) of the FAMILY COURTS ACT , 1984 is directed against the order/judgment dated 19.06.2024 (decree signed on 01.07.2024) passed by the learned Addl. Principal Judge, Addl. Family Court No.II, Dhanbad in Original Suit No. 105 of 2023, whereby and whereunder, the petition filed by the petitioner-husband (respondent herein) under Section 13(1)(i-a)(i-b) of the HINDU MARRIAGE ACT , 1955 seeking a decree of divorce on the ground of cruelty and desertion, has been allowed.
2. The brief facts of the case leading to filing of the divorce petition by the petitioner-husband (respondent herein), needs to be referred herein as under:
The case in brief as per petition filed by the petitioner-husband (respondent herein) before the learned Family Judge is that marriage between the parties were solemnized on 27-02-2004, according to Hindu rites and customs. After the marriage both the petitioner-husband and respondent-wife was living together as husband and wife at New Bishunpur, Dhanbad. Out of wedlock, the couple was blessed with two children.
The petitioner-husband (respondent herein) always tried his level best to mainta
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.
The court held that allegations of adultery, cruelty, and desertion must be substantiated with cogent evidence, and mere claims are insufficient for divorce.
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....
The court ruled that claims of cruelty and desertion must be substantiated with credible evidence, emphasizing that allegations alone are insufficient for divorce under the Hindu Marriage Act.
Grounds for divorce under Hindu Marriage Act must be substantiated by convincing evidence; mere allegations of cruelty or adultery without proof do not warrant decree of divorce.
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