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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Shanti Kumari, w/o. Lalan Kumar – Appellant
Versus
Lalan Kumar, s/o. Kunteshwar Mahto – 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 04.06.2024 and decree signed on 21.06.2024 passed by the learned Principal Judge, Family Court, Hazaribagh in Original Suit No. 166 of 2022, whereby and whereunder, the suit filed by the petitioner-respondent [husband] for dissolution of marriage by decree of divorce u/s 13(1)(i-a)(i-b) of Hindu Marriage Act, 1955 against petitioner-appellant [wife], has been allowed.
2. The brief facts of the case, leading to filing of the divorce petition by the respondent-petitioner, as taken note in the impugned order, needs to be referred herein, which reads as under:
The marriage of the petitioner and the respondent solemnized on 04.02.2019 at Shiv Mandir Jhumra, Hazaribag according to Hindu rites and customs in the presence of family members, well-wishers and respectable persons of both the parties. After the marriage, the respondent- appellant came to her matrimonial house, but their marriage has not been consummated because the respondent-appellant has not permitted the respondent-petitioner to establish physical relationship with her. The m
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 the existence of sufficient grounds for divorce must be demonstrated, alongside appropriate permanent alimony reflecting the spouse's standard of living prior to separation.
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....
A marriage may be dissolved when irretrievable breakdown is evident, especially where cruelty is established, and financial obligations for maintenance must be assessed equitably.
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....
Divorce – Father is duty bound to maintain his child irrespective of income of mother,
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