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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Amit Kumar Jha, son of Subodh Kumar Jha – Appellant
Versus
Rani Devi, wife of Amit Kumar Jha – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal under Section 19(1) of the Family Court Act, 1984 is directed against the order/judgment dated 24.02.2022 and decree signed on 08.03.2022 passed by the learned Principal District Judge-cum- Principal Judge, Family Court, Ramgarh in Original Suit No. 174 of 2014, whereby and whereunder, the petition filed under Section 13 of the Hindu Marriage Act, 1955 by the appellant/petitioner seeking a decree of divorce against his wife, has been dismissed.
2. The brief facts of the case leading to filing of the divorce petition by the appellant/petitioner needs to be referred herein as under:
The case of the petitioner is that, the petitioner Amit Kumar Jha and the respondent Rani Devi are legally married couple and their marriage was solemnized on 08.03.2000 according to Hindu rites and customs. After the marriage, the respondent started living with her husband, the petitioner, as his lawful wife. In due course of time, the couple was blessed with three children out of their wedlock.
It is alleged that, from the very beginning, the respondent had developed strained relationship with the petitioner and his other family members. She used to t
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....
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....
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 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.
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.
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.
The court affirmed that desertion and cruelty, established through evidence, justify the grant of divorce under Hindu Marriage Act, reinforcing the burden of proof on the petitioner.
The court held that allegations of adultery, cruelty, and desertion must be substantiated with cogent evidence, and mere claims are insufficient for divorce.
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