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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
K. Jagannath Rao son of Late K. Rama Rao – Appellant
Versus
K. Malti Rao, w/o K. Jagannath Rao – Respondent
JUDGMENT :
1. This appeal has been filed under Section 19 (1) of the Family Courts Act and has been directed against the judgment and decree dated 20.07.2024 (decree signed on 03.08.2024) passed by learned Principal Judge, Family Court, Jamshedpur in Original Suit No.184 of 2023 whereby and whereunder the application filed for dissolution of marriage on the ground of cruelty and desertion has been rejected.
Factual Matrix
2. The brief facts of the case as per the pleading made as has been incorporated in the impugned judgment reads as under:-
(i) The suit had been filed by the appellant-husband against the respondent-wife for dissolution of marriage by a decree of divorce under the Hindu Marriage Act, on the grounds of cruelty and desertion.
(ii) The appellant and the respondent were legally married on 13th August 2006 at Purulia, West Bengal, according to Hindu Rites and Customs. No child was born out of this wedlock. The appellant had a previous marriage with one R.V. Ratnam, who passed away in 2002, and he has a daughter named Rakhi Priya Karnam from that marriage.
(iii) After their marriage, the respondent frequently left the matrimonial home for extended periods, often without vali
For a decree of divorce under cruelty or desertion, credible evidence substantiating these claims is essential. The court found no such evidence and upheld the Family Court's decision.
The court ruled that claims of cruelty and desertion must be substantiated with credible evidence, emphasizing that allegations alone are insufficient for divorce under the Hindu Marriage Act.
Divorce on cruelty and desertion grounds requires cogent evidence proving grave conduct and animus deserendi; appellate court upholds trial dismissal absent perversity in reasoned findings based on p....
The burden of proof lies with the appellant to establish claims of cruelty and desertion, which must be supported by credible evidence, and mere allegations without proof are insufficient for divorce....
The court held that allegations of adultery, cruelty, and desertion must be substantiated with cogent evidence, and mere claims are insufficient for divorce.
Husband failed to prove cruelty or desertion in divorce suit; unproved illicit relationship allegation itself constitutes cruelty to wife; appellate court upholds trial findings absent perversity, re....
Grounds for divorce under Hindu Marriage Act must be substantiated by convincing evidence; mere allegations of cruelty or adultery without proof do not warrant decree of divorce.
The court affirmed that desertion and cruelty, established through evidence, justify the grant of divorce under Hindu Marriage Act, reinforcing the burden of proof on the petitioner.
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