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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Soumendu Ray, S/o. Swapan Kumar Ray – Appellant
Versus
Manasi Ray, W/o Sri Soumendu Ray D/o Sri Tribhanga Nandi – Respondent
JUDGMENT :
(Sujit Narayan Prasad, J.)
Prayer:
1. The instant appeal has been filed challenging the legality and propriety of impugned judgment passed on 16.12.2022 and decree signed on 22.12.2022 by learned Additional Principal Judge, Additional Family Court-1, East Singhbhum at Jamshedpur whereby and whereunder the Original Suit No.345 of 2017 filed by the plaintiff-appellant- husband under Section 13(1)(i-a)(i-b) of the HINDU MARRIAGE ACT , 1955 for a decree of divorce has been dismissed.
Factual Matrix
2. The case of the appellant-husband, in brief as it can be gathered from the plaint is that the respondent is the legally married wife of the appellant and their marriage was performed on 03.08.2012 according to Hindu rites and customs at Adra, Dist. Purulia, West Bengal.
3. The respondent accompanied her husband on the next day of their marriage to her matrimonial house where the marriage ceremony was celebrated to live with him and to lead their happy conjugal relationship. Thus, the marriage between the parties was duly consummated.
4. Both parties stayed at Durgapur, only about a month in between which the respondent had been to her parents’ house at Adra for a week and finally th
The court denied divorce due to inadequate proof of cruelty and established the father's enhanced financial obligation towards his daughter’s welfare post-separation.
A marriage may be dissolved when irretrievable breakdown is evident, especially where cruelty is established, and financial obligations for maintenance must be assessed equitably.
Prolonged separation over 20 years establishes irretrievable breakdown (dead wood marriage), warranting divorce; permanent alimony of Rs.50 lakhs fixed balancing husband's finances and wife's/daughte....
Permanent alimony quantum under Section 25 fixed without formula, balancing husband's current/future income/capacity against wife's/child's needs, status, inflation, life expectancy; prior payments a....
The court held that the existence of sufficient grounds for divorce must be demonstrated, alongside appropriate permanent alimony reflecting the spouse's standard of living prior to separation.
Court upheld divorce on cruelty/desertion/non-consummation; awarded Rs.35 lakhs permanent alimony under S.25 HMA factoring wife's dependency, husband's family business/assets, remarriage, inflation, ....
Courts may grant divorce on the grounds of cruelty and desertion, considering the irretrievable breakdown of marriage as valid grounds, particularly when one party expresses a desire to live separate....
The court held that a marriage can be annulled under Section 12(1)(C) of the Hindu Marriage Act if obtained through fraud, particularly when one spouse conceals crucial facts such as prior relationsh....
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