Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Shivesh Kumar Jha, son of Late Ramanugrah Jha – Appellant
Versus
Meenu Jha @ Golden, wife of Shivesh Kumar Jha – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. Both the appeals have been directed to be listed together and as such, are being taken up together.
2. The appeal being F.A. No.70 of 2023 preferred by the appellant- husband against the decree passed on an application filed under Section 9 of the HINDU MARRIAGE ACT , 1955.
3. The appeal being F.A. No.135 of 2023 has also been filed by the husband against the denial of the prayer for dissolution of marriage on the ground of ‘desertion’.
4. This Court, taking into consideration the ground which has been taken for dissolution of marriage on merit, i.e., the ground of desertion, hence, is of the view that appeal being F.A. No.70 of 2023 is to be considered first since the outcome of the said judgment will have bearing upon the appeal being F.A. No.135 of 2023, due to the reason that if the appellant will succeed in F.A. No.70 of 2023 allowing the Restitution of Conjugal Rights, then, the ground of desertion will be said to be proved, therefore, the appeal being F.A. No.70 of 2023 is being taken up first.
F.A. No.70 of 2023
5. The appeal being F.A. No.70 of 2023 filed under Section 19(1) of the FAMILY COURTS ACT , is directed against the Judgment and D
Restitution of conjugal rights can be granted if one spouse withdraws from the other's society without reasonable excuse; allegations of desertion must be substantiated with evidence.
The appeal court found the Family Court's dismissal of divorce due to cruelty and desertion to be perverse, establishing that the husband's behavior justified dissolution of marriage.
The burden of proof in restitution of conjugal rights lies with the withdrawing spouse to show reasonable cause for separation; the court affirms joint responsibility in marriage.
Restitution of conjugal rights – Remedy of restitution of conjugal rights is a positive remedy that requires both parties to live together and cohabit – Rights and duties arising out of marriage are ....
Desertion under Hindu Marriage Act necessitates intentional abandonment without reasonable cause, established through a fact of separation and the intent to permanently cease cohabitation.
The right to restitution of conjugal rights under the Special Marriage Act is contingent upon proving a spouse's withdrawal from marital society without reasonable cause, weighing the evidence of ill....
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.
Desertion as a ground for divorce requires proof of intentional abandonment without consent; the court found constructive desertion by the husband, leading to the quashing of the divorce decree.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
