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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Krishna Kumar – Appellant
Versus
Rajni Lal, wife of Krishna Kumar – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal under Section 19(1) of the Family Court Act, 1984 is directed against the judgment dated 28.01.2020 and Decree dated 14.02.2020 passed by the learned Principal Judge, Family Court, Giridih in Original Suit No.101 of 2014, whereby and whereunder, the petition filed under Section 13(1)(i) & (i-a) of the Hindu Marriage Act, 1955 by the plaintiff (appellant herein) seeking a decree of divorce against his wife (respondent herein), has been dismissed.
Factual Matrix
2. The brief facts of the case leading to filing of the divorce petition by the appellant/ plaintiff needs to be referred herein as under:
The appellant/plaintiff and respondent/defendant No.1 are legally married husband and wife and their marriage has been solemnized in 11th November, 2008 as per Hindu rites and customs in a simple ceremony and they were blessed with two daughters namely Ritika aged about 5 years and Kabya aged about six months.
It has further been stated that defendant No.-1 is a lady of easy virtue from very beginning and she is maintaining illicit promiscuous relationship with another man even after her marriage with the plaintiff and this fact came int
Allegations of cruelty and extramarital affair must be substantiated by credible evidence for a divorce to be granted under the Hindu Marriage Act.
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....
Divorce grounds of adultery require high probability proof beyond suspicion; cruelty must be grave causing cohabitation impossibility; desertion needs two-year separation preceding petition. Absent p....
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 ....
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.
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....
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 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....
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.
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