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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
| Table of Content |
|---|
| 1. divorce petition dismissed on adultery, cruelty, desertion. (Para 1 , 2 , 3 , 4 , 5) |
| 2. trial court ignored evidence of adultery, cruelty. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. no proof beyond suspicion for matrimonial grounds. (Para 15 , 16 , 17 , 18) |
| 4. witness testimonies lack specific adultery evidence. (Para 19 , 20 , 21 , 22) |
| 5. appellate court re-appreciates; reverses perverse findings. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 6. adultery requires cogent proof, not mere suspicion. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50) |
| 7. cruelty demands grave conduct causing apprehension. (Para 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67) |
| 8. desertion needs two-year continuous separation. (Para 68 , 69 , 70 , 71 , 72 , 73 , 74 , 75 , 76 , 77 , 78 , 79 , 80 , 81) |
| 9. appeal dismissed; trial findings not perverse. (Para 82 , 83 , 84 , 85 , 86) |
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, Fam
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.
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