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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Priya Pandey, W/o Vivek Dwivedi – Appellant
Versus
Vivek Dwivedi, S/o Sachhidanand Dwivedi – Respondent
| Table of Content |
|---|
| 1. dissolution of marriage under hindu marriage act. (Para 2 , 4 , 6) |
| 2. the background of the marriage and initial allegations of cruelty outlined. (Para 3) |
| 3. evidence of petitioner regarding separation. (Para 7 , 8 , 10) |
| 4. arguments regarding failure to prove cruelty. (Para 11 , 12) |
| 5. analysis of trial court findings on marriage break down. (Para 13 , 14 , 15) |
| 6. final judgment and order of remand. (Para 16 , 18) |
JUDGMENT :
Rongon Mukhopadhyay, J.
Heard Mr. Sheo Kumar Singh, learned counsel for the appellant and Mr. Hemant Kr. Shikarwar, learned counsel for the respondent.
2. This appeal is directed against the judgment and decree dated 28.01.2023 (decree signed on 02.02.2023) passed by Shri Alok Kumar Dubey, learned Principal Judge, Family Court, Bokaro in Original Suit No. 527 of 2022, whereby and whereunder, the suit preferred by the respondent herein has been allowed and the marriage between the parties have been dissolved.
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 (respondent herein) had filed a suit for dissolution of his marriage with the respondent/
The Family Court erred by dissolving the marriage based on irretrievable breakdown, not recognized under the Hindu Marriage Act, and failed to apply statutory criteria for divorce, specifically cruel....
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.
Cruelty under the Hindu Marriage Act requires substantial evidence demonstrating severe marital discord, unproven allegations do not justify divorce.
Cruel behavior and desertion can justify the dissolution of marriage under the Hindu Marriage Act, leading to the award of permanent alimony.
The main legal point established in the judgment is that evidence of cruelty and desertion must be adequately proven, and reliance on retracted allegations without considering the reasons for retract....
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.
The main legal point established in the judgment is the requirement to establish a fresh cause of action for seeking divorce, the continuous nature of desertion, and the interconnection between the 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....
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