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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Diwakar Kumar Sharma, son of Ramchandra Sharma – Appellant
Versus
Safalta Sharma, w/o. Diwakar Sharma – 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 15.10.2022 and Decree dated 03.11.2022 passed by the learned Principal Judge, Family Court, Godda in Original Suit No.75 of 2021, whereby and whereunder, the petition filed under Section 13(1)(i),(i-a),(i-b) of the Hindu Marriage Act, 1955 by the plaintiff (appellant herein) seeking a decree of divorce against his wife (respondent herein), has been dismissed.
Factual Matrix
2. The brief facts of the case leading to filing of the divorce petition by the appellant/ plaintiff needs to be referred herein as under:
The appellant/plaintiff and respondent/defendant are legally married husband and wife and their marriage has been solemnized in 08.12.2011 at Bhartikitta as per Hindu rites and customs in a simple ceremony.
The petitioner/husband (appellant herein) and the respondent/OP/wife lived together in relation of husband- wife since the date of marriage till 30.04.2021. The petitioner and the respondent got blessed with two children out of their wedlock namely, Aryan Raj (son) and Anshika Kumari (daughter) aged about 9 and 5 years old respectivel
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....
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....
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.
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 court held that allegations of adultery, cruelty, and desertion must be substantiated with cogent evidence, and mere claims 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.
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....
For a decree of divorce under cruelty or desertion, credible evidence substantiating these claims is essential. The court found no such evidence and upheld the Family Court's decision.
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