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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Champa Kumari @ Sampa – Appellant
Versus
Saheb Mahakud, son of Sri Ushakar Mahakud – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal has been filed on behalf of the appellant under Section19(1) of the Family Courts Act, 1984 against the order/judgment dated 30.03.2024 [decree signed on 08.04.2024] passed by the learned Principal Judge, Family Court, Seraikella-Kharsawan, in Original Suit No. 54 of 2021, whereby and whereunder, the said Suit filed by the respondent- husbandwas allowed on contest but without cost, holding that marriage of the petitioner (respondent herein)Saheb Mahakud with the respondent Smt. Champa Kumari (Appellant herein) solemnized on 28.4.2019 is hereby dissolved.
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 on 28.04.2019as per Hindu rites and customs at the parent’s house of the respondent(appellant herein) and the parties started residing together at the house of the petitioner (respondent herein).
4. It is stated that marriage was solemnized without any demand of dowry and after consummation of marriage, soon after it was realized by the petitioner/respondent/husband that respondent/appellant wife is not very much interested in staying
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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.
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 the allegations of adultery were unproven, while cruelty based on behavior was insufficiently substantiated; the judgment was thus overturned for lack of adequate evidence.
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....
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