Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Sandeep Pramanik S/o Bhuthnath Paramanik – Appellant
Versus
Jyotsna Paramanik – Respondent
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
Prayer:
1. The instant appeal has been filed under Section 19(1) of the Family Court Act, 1984, challenging the legality and propriety of impugned judgment passed on 22.08.2022 and decree signed on 05.09.2022 by learned Principal Judge, Family Court, Chaibasa whereby and whereunder the Original Suit No. 32 of 2018 filed by the petitioner-appellant-husband under Section 13(1), (ia), (ib) & 26 of the Hindu Marriage Act, 1955 for a decree of divorce has been dismissed.
Factual Matrix
2. The brief facts of the case of the appellant-husband as narrated, is that the petitioner is working as Project Associate at IIT Delhi and the respondent is a house wife. The marriage between the petitioner and respondent was solemnized on 21.06.2010, according to Hindu customary rites and rituals, at Mahulpani, Itor, Chakradharpur and reception took place on 23.06.2010 at Lower Burdwan Compound, Ranchi.
3. After the marriage, the petitioner started living with his wife at Lower Burdwan Compound, P.S. Lalpur, Ranchi alongwith his old parents and last resided there as husband and wife and out of their wedlock one son was born on 23.11.2011 at Debuka Nursing Home, Ranchi, who
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.
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....
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.
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 appeal court found the Family Court's dismissal of divorce due to cruelty and desertion to be perverse, establishing that the husband's behavior justified dissolution of marriage.
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
