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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Deepak Kumar Singh S/o Umesh Prasad Singh – Appellant
Versus
Sunita Devi D/o Late Haldar Singh – Respondent
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
1. The instant appeal under section 19(1) of the Family Courts Act, 1984 is directed against the judgment dated 07.05.2024 and the decree dated 16.05.2024 passed in Original (Matrimonial) Suit No.295 of 2017 by the learned Addl. Principal Judge, Addl. Family Court-I, East Singhbhum at Jamshedpur (herein referred as Family Judge) whereby and whereunder the petition filed under section 13(1) (i-a) of the Hindu Marriage Act, 1955 by the appellant-husband against the respondent-wife has been dismissed.
2. The brief facts of the case as pleaded in the plaint having been recorded by the learned Family Judge, needs to be referred herein as:
(i) The marriage between the parties was solemnized on 22.02.2016 at Hotel Alcor Bistupur, Jamshedpur according to Hindu Rites and Custom.
(ii) Thereafter, the respondent remained in her matrimonial home for two days only and did not allow the petitioner/appellant to consummate the marriage by cohabitation on the ground that she was one of the disciples of Satsang and prior permission was required for the consummation of marriage and unless she was permitted by her Satsang Philanthropy, Deoghar, she could not consummate t
To establish grounds for divorce under the Hindu Marriage Act, the conduct must amount to grave and weighty cruelty, which impacts the ability to continue marital life; ordinary disputes do not suffi....
The court found that allegations of cruelty must be substantiated with corroborative evidence, and in this case, the appellant failed to prove such claims, leading to the dismissal of the divorce sui....
Mental cruelty, as defined under Hindu Marriage Act, can irreparably damage the trust and respect in marriage, providing sufficient grounds for divorce even without physical violence.
The court affirmed that the evidence of persistent cruelty justified the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, establishing a clear breakdown of the marital relat....
The court found that the allegations of adultery were unproven, while cruelty based on behavior was insufficiently substantiated; the judgment was thus overturned for lack of adequate evidence.
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