Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, SANJAY PRASAD
Sanicharwa Manjhi @ Mangla Manjhi, son of Late Shanu Manjhi – Appellant
Versus
Atwari Devi, wife of Sanicharwa Manjhi @ Mangla Manjhi, D/o. Late Som Manjhi – 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 14.05.2025 and decree signed on 22.05.2025 passed by the learned Additional Principal Judge, Additional Family Court, Bermo at Tenughat (Bokaro) in Original Suit No. 200 of 2023, whereby and whereunder, the suit filed by the petitioner-appellant [husband] for dissolution of marriage by decree of divorce u/s 13(1)(i-a)(i-b) of Hindu Marriage Act, 1955 against the respondent-wife, has been dismissed.
2. The brief facts of the case, leading to filing of the divorce petition by the appellant-petitioner, as taken note in the impugned order, needs to be referred herein, which reads as under:
3. The marriage of the appellant was solemnized with the respondent according to Santhal rites and custom on 15.01.1989. After marriage the appellant and respondent led their conjugal life and out of their wedlock, they have been blessed with a son namely, Santosh Soren. Further case of petitioner is that in the month of January, 1992, relationship between the parties become strained for which, on 07.02.1992 a meeting was called for in presence of Man
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.
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 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....
The court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
