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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Dinesh Kumar Thakur son of Sri Mahendra Thakur – Appellant
Versus
Sunila Thakur wife of Dinesh Kumar Thakur – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal under Section 19 (1) of the Family Court Act, 1984 is directed against the order/judgment dated 21st November, 2022 decree signed on 30th November, 2022 passed by the learned Additional Principal Judge, Additional Family Court No. II, Dhanbad in Original Suit No. 760 of 2018, whereby and whereunder, the suit filed under Section 13 of the Hindu Marriage Act, 1955 seeking a decree of divorce by the appellant-husband against the respondent-wife, has been dismissed.
Brief facts of the case:
2. The brief facts of the case, as taken note in the impugned order, needs to be referred herein, which reads as under:
3. The case of appellant-husband, in brief, is that the appellant has solemnized marriage with the respondent on 24-06-2012 at Katras, Dhanbad, according with Hindu Rites and Customs. After the marriage both the appellant and respondent had been living together as wife and husband at Babudih, Dhanbad. However, out of the wedlock, the couple has no child.
4. It is alleged that after marriage the respondent used to regularly fight with the appellant-husband‟s mother and father, which caused mental pressure upon them and for that t
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....
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.
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 ....
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....
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....
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.
The court affirmed that the evidence of persistent cruelty justified the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, establishing a clear breakdown of the marital relat....
Allegations of cruelty in divorce cases must be substantiated by consistent and credible evidence; normal marital conflicts do not constitute legal cruelty.
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