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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Sushma Devi – Appellant
Versus
Raj Kumar Prasad – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
Prayer:
1. The instant appeal has been filed challenging the legality and propriety of impugned judgment passed on 18.04.2023 and decree signed on 28.04.2023 by learned Additional Principal Judge, Additional Family Court No.II, Dhanbad whereby and whereunder the Original Suit No. 839 of 2021 filed by the petitioner-husband (respondent herein) under Section 13(1), (i-a) of the Hindu Marriage Act, 1955 for a decree of divorce has been allowed.
Factual Matrix
2. The brief facts of the case of the petitioner/husband (respondent herein) as narrated before the learned Family Court, is that the marriage of the petitioner-husband was solemnized with the respondent (appellant herein) on 23.11.2008 at Rohtas according to Hindu rites and after marriage, both lived together as husband and wife at Sindri, Dhanbad. Out of the said wedlock, the couple was blessed with a female child namely Palak Kumari, aged about 10 years.
3. It has been stated that earlier, petitioner-husband has filed a suit against respondent for dissolution of their marriage in Dhanbad Court which was dismissed.
4. It has further stated that after few years of marriage, behavior of the respondent
A marriage may be dissolved when irretrievable breakdown is evident, especially where cruelty is established, and financial obligations for maintenance must be assessed equitably.
Prolonged separation over 20 years establishes irretrievable breakdown (dead wood marriage), warranting divorce; permanent alimony of Rs.50 lakhs fixed balancing husband's finances and wife's/daughte....
The court held that the existence of sufficient grounds for divorce must be demonstrated, alongside appropriate permanent alimony reflecting the spouse's standard of living prior to separation.
Court upheld divorce on cruelty/desertion/non-consummation; awarded Rs.35 lakhs permanent alimony under S.25 HMA factoring wife's dependency, husband's family business/assets, remarriage, inflation, ....
The court held that a marriage can be annulled under Section 12(1)(C) of the Hindu Marriage Act if obtained through fraud, particularly when one spouse conceals crucial facts such as prior relationsh....
The court denied divorce due to inadequate proof of cruelty and established the father's enhanced financial obligation towards his daughter’s welfare post-separation.
The court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
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