Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Roshan Pandey, Son of Shree Ram Pandey – Appellant
Versus
Poonam Devi, Wife of Roshan Pandey, Daughter of Devendra Sharma – Respondent
JUDGMENT :
Sujit Narayan Prasad, A.C.J.
The instant appeal under section 19(1) of the Family Court Act, 1984 is directed against the judgment dated 06.04.2022 and the decree dated 16.04.2022 passed in Original Suit No.551 of 2019 by the learned Addl. Principal Judge, Addl. Family Court-I, Ranchi, whereby and whereunder, the petition filed under section 13(1)(iii) of the HINDU MARRIAGE ACT , 1955 by the appellant-husband against the respondent-wife has been dismissed.
2. The brief facts of the case as pleaded in the plaint having been recorded by the learned Family Judge, needs to be referred herein as:
(i) The marriage of the parties was negotiated and settled by the parents of both the parties to the suit, during negotiation of marriage the parents and relatives of the defendant (hereinafter referred to as the respondent-wife) represented that the respondent-wife is a lady of sweet nature, social, educated, cultured and having sound mental status, the parents of the plaintiff (hereinafter referred to as the appellant-husband) and appellant himself believed the representations and given his consent for marriage with the respondent-wife. The marriage of the appellant was solemnized wi
The Court held that mere existence of mental disorder is insufficient for a divorce decree; sufficient evidence proving the severity affecting marital life is necessary.
A spouse must prove substantial evidence of severe mental disorder to justify divorce; mere allegations are insufficient.
Divorce – A dead marriage must be given a decent quietus.
Insufficient evidence of mental disorder or cruelty fails to establish grounds for divorce under the Hindu Marriage Act.
The court established that mere mental disorder is insufficient for divorce; the severity must be proven, and prolonged separation can indicate desertion.
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....
The judgment establishes the requirement for substantial and conclusive evidence to prove grounds for divorce, particularly in cases involving mental disorder and cruelty.
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
