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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Jyoti Kumar Singh – Appellant
Versus
Runa Singh – Respondent
| Table of Content |
|---|
| 1. divorce petition dismissed for unproven cruelty ex-parte. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. false cases and desertion prove mental cruelty. (Para 8 , 9 , 10 , 11 , 12) |
| 3. valid notice enables ex-parte appeal hearing. (Para 13 , 14 , 15 , 16) |
| 4. evidence review shows cruelty not established. (Para 17 , 18 , 19 , 20) |
| 5. perversity ignores evidence or defies logic. (Para 21 , 22) |
| 6. cruelty is grave contextual conduct harming cohabitation. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 7. trial findings on cruelty lack perversity. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 8. appeal dismissed absent perversity in judgment. (Para 43 , 44 , 45) |
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal under Section 19(1) of the Family Courts Act, 1984 is directed against the order/judgment dated 29.05.2023 (decree signed on 08.06.2023) passed by the learned Principal Judge, Family Court, Seraikella-Kharsawan in Original Suit No. 18 of 2021, whereby and whereunder, the learned court has dismissed the suit filed under Section13(1)(i-a) of the Hindu Marriage Act, 1955.
2. The brief facts of the case as per the original matrimonial suit needs to be referred her
Divorce on cruelty ground requires proof of grave, sustained conduct causing mental agony on preponderance of probabilities; mere counter-complaints, non-appearance, and non-compliance with ex-parte ....
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....
Family court divorce decree on cruelty ground set aside as perverse for failing to scrutinize counter-allegations and evidence properly; appellate re-appreciation requires preponderance-based reasoni....
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....
Husband's unproven allegations of wife's religious insistence, cohabitation refusal, and separate living demand do not constitute cruelty; his rebuff of her reconciliation efforts bars divorce as own....
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.
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.
Allegations of cruelty in divorce cases must be substantiated by consistent and credible evidence; normal marital conflicts do not constitute legal cruelty.
Allegations of cruelty and extramarital affair must be substantiated by credible evidence for a divorce to be granted under the Hindu Marriage Act.
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