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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Hukum Lal B.P. – Appellant
Versus
Meghwati Devi @ Jyoti Chouhan – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
Prayer:
1. The instant appeal has been filed on behalf of the appellant under Section 19(1) of the Family Courts Act, 1984 against the order/judgment dated 17.12.2024 and decree dated 04.01.2025 passed by the learned Additional Principal Judge, Additional Family Court No.II, Dhanbad, in Original Suit No. 924 of 2022, whereby and whereunder, the said Suit filed by the appellant-husband under the provisions of Section 13(1)(i-a) and (i-b) of Hindu Marriage Act, 1955was dismissed on contest holding that the plaintiff is not entitled to decree of divorce and, therefore, suit is dismissed.
Factual Matrix
2. The brief facts of the case, which required to be enumerated, needs to be referred as under:
3. The marriage between the parties was solemnized in the month of April, 1985 at Kathara, Bokaro, as per Hindu rites and customs. After the marriage both the parties had been living together as wife and husband at Keshalpur, Katras. Out of their wedlock, four children were born, namely, Rakesh Chouhan, aged about 34 years, Rajesh Chouhan, aged about 32 years, Ajay Chouhan, aged about 28 years and Raja Chouhan aged about 24 years. It is further stated that the re
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....
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....
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 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.
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....
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.
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