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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Srishti Kumari, aged about 30 years, wife of Shri Shantanu Jaiswal – Appellant
Versus
Shantanu Jaiswal, son of late Ashok Prasad Jaiswal, resident of village Jalka, PO and PS: Ghagra, District – Respondent
JUDGMENT :
1. The instant appeal under Section 19(1) of the Family Courts Act, 1984 is directed against the order/judgment dated 08.01.2024 passed by the learned Principal Judge, Family Court, Lohardagain Original Suit No. 15 of 2023, whereby and where under, the Suit filed by the appellant under Sections 13 (1) (i-a) (i-b) of the Hindu Marriage Act, 1955, has been dismissed.
Factual Matrix
2. The brief facts of the case, leading to filing of the petition filed under Section 13(1) (i-a) and (i-b) of the Hindu Marriage Act, 1955, by the appellant/plaintiff, needs to be referred herein which are as under:
3. The plaintiff's [the appellant herein] case, in brief, is that marriage of plaintiff-appellant and defendant-respondent was solemnized on 25.06.2011 at Dewaki Mandir, Ghaghra, District-Gumla. After that they started living together as husband and wife at Ghaghra. Out of their wedlock one daughter was born. It is alleged that the defendant-respondent was addicted to liquor and playing gamble and under the influence of liquor he used to torture the plaintiff-appellant regularly. It is further alleged that the defendant-respondent has extra-marital relation with another girl. On several
Husband failed to prove cruelty or desertion in divorce suit; unproved illicit relationship allegation itself constitutes cruelty to wife; appellate court upholds trial findings absent perversity, re....
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.
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....
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.
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 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.
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