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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Debleena Dutta – Appellant
Versus
Suman Kumar Ruj – 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 19th September, 2023 and decree signed on 3rd October, 2023 passed by the learned Additional Principal Judge, Additional Family Court No. II, Dhanbad in Original Suit No. 914 of 2021, whereby and whereunder, the suit filed by the petitioner-appellant [wife] for dissolution of marriage by decree of divorce u/s 13(1)(i-a) of Hindu Marriage Act, 1955 against respondent/husband, has been dismissed.
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 and as emanated from the plaint, needs to be referred herein, which reads as under:
3. The appellant has legally married with the respondent and their marriage was solemnized on 13-03-2020, at Jhari, Dhanbad, according to Hindu Rites and Customs. After the marriage both the appellant and respondent had been living together as wife and husband at M.C. Road, Raniganj, Burdwan. It is further stated that at the time of marriage the father of the petitioner had given Rs.4,75,000/ cash and ornaments as dowry.
4. It is sta
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 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....
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....
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 affirmed that the evidence of persistent cruelty justified the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, establishing a clear breakdown of the marital relat....
Cruelty as a ground for divorce under the Hindu Marriage Act requires substantial proof, which was not established in this case.
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....
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