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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, SANJAY PRASAD
Santosh Kumar, S/o. Baidyanath Mandal – Appellant
Versus
Kumari Arpana, W/o. Santosh Kumar – 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 29.07.2024 and Decree dated 09.08.2024 passed by the learned Principal Judge, Family Court, Deoghar in Original Suit No.288 of 2022, whereby and whereunder, the petition filed under Section 13 of the Hindu Marriage Act, 1955 by the Petitioner (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 petitioner was married with the respondent on 29.11.2017, at the Baba Basukinath Temple, Dumka, according to the Hindu rituals and rites without any dowry.
The petitioner/appellant is a doctor and he does his private practice, whereas the respondent is a medical student of 4th year. After marriage, the parties started to live together as husband and wife in the petitioner's residential house.
It has been alleged that just after some days of marriage, the respondent started to live under the pressure of her brothers namely Sailesh Prasad Singh an
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.
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....
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 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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