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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Sunita Singh, W/o Sri Surendra Prasad Singh – Appellant
Versus
Surendra Prasad Singh S/o Late Parsuram Singh – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal under Section 19(1) of the Family Court Act, 1984 is directed against the judgment dated 27.01.2020 and Decree dated 01.02.2020 passed by the learned Additional Principal Judge, Family Court, Jamshedpur in Original (Matrimonial) Suit No.582 of 2016, whereby and whereunder, the petition filed under Section 13(1)(i) & (i-a) of the HINDU MARRIAGE ACT , 1955 by the respondent/plaintiff seeking a decree of divorce against his wife (appellant herein), has been allowed.
Factual Matrix
2. The brief facts of the case leading to filing of the divorce petition by the respondent/ plaintiff needs to be referred herein as under:
The case of plaintiff, in brief, is that plaintiff is legally married husband of defendant and their marriage was solemnized on 03.12.1992 according to Hindu rites and custom at H6/25, 0.C. Road, South Park, Bistupur, Jamshedpur and after marriage defendant went in her in-laws house at Flat No. A/37, Kadma Workers Flat, Jamshedpur.
After one and half year, they were blessed with a daughter and thereafter attitude of defendant changed against the plaintiff and his parents and she started creating problems everyday in his
The court found that the allegations of adultery were unproven, while cruelty based on behavior was insufficiently substantiated; the judgment was thus overturned for lack of adequate evidence.
Family court divorce decree on cruelty ground set aside as perverse for failing to scrutinize counter-allegations and evidence properly; appellate re-appreciation requires preponderance-based reasoni....
The court found that allegations of cruelty must be substantiated with corroborative evidence, and in this case, the appellant failed to prove such claims, leading to the dismissal of the divorce sui....
Divorce on cruelty ground requires proof of grave, sustained conduct causing mental agony on preponderance of probabilities; mere counter-complaints, non-appearance, and non-compliance with ex-parte ....
To establish grounds for divorce under the Hindu Marriage Act, the conduct must amount to grave and weighty cruelty, which impacts the ability to continue marital life; ordinary disputes do not suffi....
Mental cruelty, as defined under Hindu Marriage Act, can irreparably damage the trust and respect in marriage, providing sufficient grounds for divorce even without physical violence.
Husband's unproven allegations of wife's religious insistence, cohabitation refusal, and separate living demand do not constitute cruelty; his rebuff of her reconciliation efforts bars divorce as own....
Allegations of cruelty and extramarital affair must be substantiated by credible evidence for a divorce to be granted under the Hindu Marriage Act.
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.
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