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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Indu Kumari – Appellant
Versus
Pramod Kumar Barnwal, Son Of Mahadev Lal Barnwal – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal has been filed on behalf of the appellant under Section 19(1) of the Family Courts Act, 1984 against the order/judgment dated 22.01.2024 [decree signed on 27.01.2024] passed by the learned Additional Principal Judge, Bermo at Tenughat, in Original Suit No. 490 of 2022, whereby and whereunder, the said Suit filed by the respondent- husband under the provisions of Section 13(1)(i-a) of Hindu Marriage Act, 1955 was allowed holding that marriage of the petitioner Pramod Kumar Barnwal with the respondent Indu Kumari(Appellant herein) solemnized on 18.4.2012 is hereby dissolved.
2. The brief facts of the case, which required to be enumerated, needs to be referred as under:
3. The marriage between the parties was solemnized on 18.04.2012 at village Banpura, Giridihas per Hindu rites and rituals. Following the marriage, the parties established their matrimonial residence at 83/8 Government Colony, I.E.L. Gomia, Bokaro and out of their wedlock, a female child namely Prakriti Modi was born. Further case of the petitioner [respondent- husband] is that after few months of marriage respondent [appellant-wife] started to pressurize the petiti
Courts may grant divorce on the grounds of cruelty and desertion, considering the irretrievable breakdown of marriage as valid grounds, particularly when one party expresses a desire to live separate....
The court emphasized the need to prove cruelty and desertion in divorce cases, considering the financial and emotional circumstances of the parties.
A marriage may be dissolved under the Hindu Marriage Act on grounds of cruelty and desertion when evidence shows a complete breakdown of the marital relationship, without any intention for reconcilia....
Cruelty, either mental or physical, can justify a decree of divorce under the Hindu Marriage Act if it causes suffering that prevents a spouse from continuing together.
The court ruled that mere separation does not justify divorce without evidence of cruelty or desertion, emphasizing the burden of proof lies with the applicant.
Divorce – Both parties living separately since long, that by itself would not be a ground for dissolving marriage in absence of there being any such provision in Hindu Marriage Act, 1955.
Cruelty under the Hindu Marriage Act requires substantial evidence demonstrating severe marital discord, unproven allegations do not justify divorce.
Divorce can be granted on grounds of cruelty and desertion when the marriage is irretrievably broken, with each party's conduct evaluated in light of their inability to reconcile.
Prolonged separation and established cruelty validate divorce under Hindu Marriage Act; permanent alimony awarded considering family needs.
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