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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Santosh Pathak – Appellant
Versus
Sarika Kumari – Respondent
JUDGMENT :
Sujit Narayan Prasad, J
Prayer:
1. The instant appeal under Section 19(1) of the Family Courts Act, 1984 is directed against the judgment dated 08.10.2021 and decree dated 20.10.2021 passed by the learned Principal Judge, Family Court, Hazaribag in Original Suit No. 70 of 2014, whereby and whereunder, the suit filed by the plaintiff (appellant herein) seeking a decree of divorce against his wife (respondent herein), has been dismissed.
Factual Aspect
2. The brief facts of the case, leading to filing of the divorce petition by the appellant-petitioner, as taken note in the impugned order as emanated from the plaint, needs to be referred herein, which reads as under:
3. The marriage between the appellant and respondent was solemnized on 12.02.2013 at Katras according to Hindu Rites and Customs. After the marriage, both the petitioner and the respondent came to Hazaribag and live together as husband and wife. The marriage was registered on 18.02.2013 at District Sub-Registrar, Hazaribag. The couple has no children.
4. It is further stated that was an arrange marriage. The father of the respondent approached the parents of the petitioner through the maternal Uncle Swarup Trigunait
Fraudulent misrepresentation regarding educational qualifications did not warrant divorce as evidence was insufficient to prove claims of cruelty or desertion.
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....
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.
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....
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.
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