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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
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 herein as under:
The petitioner and the respondent were married on 09.11.2008 at Adityapur according to Hindu Rights, rituals and customs. After marriage, the respondent came to the house of the petitioner and three children took birth from the wedlock, namely, Gunja Kumari, Roshan Kumar and Yash Kumar. It had been pleaded by the appellant/petitioner that the behaviour of respondent never remained cordial with the petitioner and his family members, always creating dispute and quarrel giving no regard to them and also abstaining from the house hold work and care of the children and in continuation with the same she filed a complaint against the petitioner in Mahila P.S. Seraike
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....
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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