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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Ravi Kumar S/o Late Bijay Kumar – Appellant
Versus
Diwa Sinha W/o Ravi Kumar – Respondent
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
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 10.06.2024 and decree signed on 18.06.2024 passed by the learned Principal Judge, Family Court, Ranchi in Original Suit No. 778 of 2021, whereby and whereunder, the petition filed under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 seeking a decree of divorce by the appellant-husband against the respondent-wife, has been dismissed.
Factual Matrix:
2. The brief facts of the case of the appellant-husband as narrated in the plaint, is that the marriage between the parties was solemnized on 25.01.2019 according to Hindu rites and rituals at Dhanbad. After marriage the respondent came to her matrimonial home at Jhumritilaiya and lived there for about a week. But during stay the respondent did not follow the rituals and she had no regard and respect for the petitioner (appellant herein).
3. It has been stated that from 2nd to 7th February, 2019, they were on Darjeeling Trip, where the petitioner observed critical behaviour of the respondent. She constantly mentioned about her career sacrifices ma
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....
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....
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 ....
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....
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....
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.
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.
Divorce – Cruelty may be mental or physical – It may be intentional or unintentional – It is a matter of inference to be drawn by considering nature of conduct and its effect on complaining spouse.
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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