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2025 Supreme(Jhk) 1932
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR, JJ.
Krishna Kumar, son of Vishnu Sahu - Appellant
Versus
Kavita Kumari, wife of Krishna Kumar - Respondent
F.A. No. 06 of 2024
Decided on : 16-06-2025
For the Appellant :Mr. Badal Vishal, Advocate
For the Respondent:Mr. Afaque Rashidi, Advocate Mrs. Aulia Begum, Advocate
A divorce claim based on allegations of adultery requires clear and convincing evidence; mere allegations without proof are insufficient to grant a decree of divorce.
Headnote:(A) Family Courts Act, 1984 - Section 19(1) - Hindu Marriage Act, 1955 - Section 13(1)(i)(i-a) - Appeal challenging dismissal of divorce suit - The court found no evidence of adultery or cruelty as claimed by the petitioner, dismissing the appeal based on lack of cogent proof - The Family Court's decision was upheld, emphasizing the need for substantial evidence in claims of adultery. (Paras 6, 16, 36, 55)
(B) Evidence in Divorce Proceedings - The appellant must present clear and convincing evidence to establish grounds for divorce. Mere allegations without substantiation cannot suffice. (Paras 19, 30)
Facts of the case:
The appellant and respondent married on 28.04.2016. Disputes arose leading to accusations of adultery and cruelty, with the respondent alleged to have cohabitated with another man, but no solid evidence was presented.
Findings of Court:
The Family Court found insufficient proof of adultery or cruelty; therefore, the appeal was dismissed, and the original judgment was upheld.
Issues: Main issues included the maintainability of the suit, validity of claims of adultery and cruelty, and overall substantive evidence supporting divorce claims.
Ratio Decidendi: The court emphasized that allegations must be proven with cogent evidence, dismissing claims of adultery based on unreliable testimony and lack of corroborative proof. (Paras 21, 37)
Result: Appeal dismissed.
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal under Section 19(1) of the Family Courts Act, 1984 is directed against the order/judgment dated 25.11.2023 passed by the learned Additional Principal Judge, Additional Family Court-II, Ranchi in Original Suit No. 280 of 2019, whereby and whereunder, the learned court has dismissed the suit in the light of Section 13(1)(i)(i-a) of the Hindu Marriage Act, 1955.
2. The brief facts of the case as per the original matrimonial suit needs to be referred herein as under:
As per the Original Matrimonial Suit, the story of the case is that the appellant/petitioner Krishna Kumar married with opposite party Kavita Kumari according to Hindu rites and customs at Village-Argora, P.S.-Argora, Dist-Ranchi. After solemnization of the marriage, appellant/petitioner and opposite party No. 1 started living at village Argora, P.S.-Argora, Dist-Ranchi in the house of appellant/petitioner. After some time of the marriage, with instigation of the other person, the opposite party No. 1 gave an application to the Mahila Police Kotwali, Ranchi which has withdrawn by the opposite party No. 1 after giving written withdrawal application. Thereafter, having quarrel with appellant/petitioner, OP No.1 started saying that she already has a lover, her parents forcibly performed her marriage to the appellant/petitioner and left her in-laws house in the Month of June, 2016. The appellant/petitioner ignoring the version of his wife Kavita Kumari and after one week, he went to his in-laws house for bringing his wife but wife alongwith her parents refused to see off to her husband. Again after fortnight, the appellant/petitioner went to her in-laws house to bring his wife but again she refused to come with her husband's house. Thereafter the appellant/petitioner did not go to his in-laws house at Dahuguttu, Khunti.
During this period, she sustained pregnancy for about 4 months and after few months, the opposite party No.1 came to Ranchi and got admitted in Astha Hospital for delivery. From the hospital, the elder sister of opposite party No. 1 contacted with the father of the appellant/petitioner on telephone/mobile and gave information that Kavita is coming in Astha Hospital for delivery then without late, the appellant/petitioner along with his parents, relative went to Astha Hospital and the appellant/petitioner seeing the mother and his wife/ opposite party No. 1 having no money for depositing doctor's fee as well as hospital charges and medicine cost, appellant/petitioner's father deposited the entire expenses and purchased medicine approximately Rs. 60,000/- altogether till discharge.
During treatment in Astha Hospital when the appellant/petitioner touched his newly born child then the opposite party No. 1 started beating with water bottle. After few days i.e. on 05.02.2017, appellant/petitioner went to see opposite party No. 1 and his son and tried to bring his wife Kavita Kumari to his house but the parents of opposite party No. 1 did not see off his daughter to his son-in-law (Damad), then the appellant/petitioner came back bare handed.
After two months 1.e. on 12.07.2017, appellant/petitioner again went to his in laws house in noon where the appellant/petitioner saw that one person namely Deepak Patel @ Deepak Kumar Sahu came his in-laws house and talking with Kavita as a wife and husband. After some time, after taking meal, the appellant/petitioner started taking some rest at his in-laws house and at that time only the father-in-law and mother-in-law were in the house and they also went to rest in their rooms. After some hours, the appellant/petitioner woke up and heard some hissing sound from the room of Kabita Kumari his wife then the appellant/petitioner opened the door of the room of opposite party No. 1 then, he saw that Kavita along with one person namely Deepak Patel sleeping together naked, seeing this seen the appellant/petitioner immediately called his father in-law but the father in-law of the a
