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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Jai Prakash Oraon – Appellant
Versus
Sushma Toppo, wife of Jai Prakash Oraon – Respondent
JUDGMENT :
Prayer
1. The instant appeal under Section 19(1) of the Family Courts Act, 1984is directed against the order/judgment dated 05.11.2024 and decree dated 16.11.2024 passed by the learned Principal Judge, Family Court, Ranchi in Original Suit No. 18 of 2022, whereby and whereunder, the Suit filed by the appellant under Section 22 of the Special Marriage Act, 1954, has been dismissed.
Factual Matrix
2. The brief facts of the case, leading to filing of the petition filed under Section 22 of the Special Marriage Act, 1954, by the petitioner/appellant,needs to be referred herein which are as under:
3. The petitioner's [the appellant herein] case, in brief, is that marriage between the parties was solemnized on 14.08.2014 before the Marriage Officer, Lohardaga. After their marriage the respondent went to her matrimonial home situated at village Kisco for sometimes. The respondent on the pretext of her studies came back to Ranchi for her study and started living in hostel. The petitioner borne all her educational, fooding and lodging expenses.
4. The respondent completed her B.Ed and was appointed as Teacher in Government High School situated at Harhaji, Bero. It is stated that after g
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Restitution decree under Section 9 HMA denied as wife failed to prove husband's withdrawal without reasonable excuse; acquittal in cruelty case and unreliable evidence establish justification.
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In a suit for restitution of conjugal rights, the burden of proof is on the petitioner to establish that the other spouse has withdrawn from the conjugal society without any reasonable cause. The res....
The conduct of a spouse can provide sufficient grounds for the other spouse to withdraw from the society, as per Section 9 of the Hindu Marriage Act, 1955.
The court affirmed the Family Court's dismissal of the restitution petition, ruling that the respondent had reasonable cause to withdraw from the appellant, emphasizing the necessity of pleadings in ....
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