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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Mahesh Mahato – Appellant
Versus
Shibani Mahato, Wife of Mahesh Mahato – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal under Section 19(1) of the Family Courts Act, 1984 is directed against the order/judgment dated 23.06.2023 (decree signed on 04.07.2023) passed by the learned Principal Judge, Family Court, Seraikella Kharsawan in Original Suit No. 55 of 2021, whereby and whereunder, the said Suit filed by the appellant-husband under the provisions of Sections 13(1), (i) & (i-a) of the Hindu Marriage Act, 1955against his wife has been dismissed.
2. The brief facts of the case as per the original matrimonial suit and the pleading made in the instant appeal needs to be referred hereinwhich reads under:
This suit had been filed by the appellant/petitioner for a decree of divorce mainly on the ground of cruelty against the respondent Shibani Mahato, under Section 13(1), (i) & (i-a) of Hindu Marriage Act, 1955. The marriage of the appellant-husband and respondent-wife was solemnized according to Hindu rites and rituals on 09.05.2012 and thereafter the respondent came to the house of the appellant and stayed there only for one month.
After marriage, the respondent came to the petitioner's house at Tentopasi and only after stay of one week, both went to
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 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.
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....
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....
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 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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