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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, ARUN KUMAR RAI
Shyama Devi, W/o Sanjay Kumar Suman, D/o Late Ram Prasad Singh – Appellant
Versus
Sanjay Kumar Suman, S/o Ram Bilash Roy – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J. :
1. Heard Mr. Rahul Kumar, learned counsel appearing for the appellant. None appears on behalf of the respondent.
2. This appeal is directed against the judgment and decree dated 18-01-2021 (decree signed on 25-01-2021) passed by Sri Alok Kumar Dubey, learned Principal Judge, Family Court, Bokaro in Original Suit No. 142/2019 whereby and whereunder, the suit preferred by the respondent herein for dissolution of his marriage with the appellant has been allowed, subject to payment of Rs. 15 lakhs as permanent alimony.
3. For the sake of convenience, both the parties are referred to in this judgment as per their status before the learning trial court.
4. The petitioner/husband (respondent herein) had filed a suit for dissolution of his marriage with the respondent/wife (appellant herein) under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, in which it has been stated that the marriage of the petitioner was solemnised with the respondent on 06-07- 2006 at Sector 9-B, Bokaro Steel City, as per Hindu rites and customs. Out of the said wedlock, a son was born who is aged 9 years and who is residing with the petitioner. It has been stated that the res
To establish cruelty under the Hindu Marriage Act, allegations must demonstrate serious misconduct affecting marital relations, not simply dissatisfaction. The burden of proof lies entirely on the pe....
Cruelty and desertion in marital law require substantial proof; a spouse's commuting for work and financial support does not constitute grounds for dissolution of marriage.
Solemnization of second marriage by wife during subsistence of first constitutes mental cruelty, justifying divorce; additional evidence thereof admissible in appeal.
Cruelty under the Hindu Marriage Act requires substantial evidence demonstrating severe marital discord, unproven allegations do not justify divorce.
The Family Court erred by dissolving the marriage based on irretrievable breakdown, not recognized under the Hindu Marriage Act, and failed to apply statutory criteria for divorce, specifically cruel....
Cruel behavior and desertion can justify the dissolution of marriage under the Hindu Marriage Act, leading to the award of permanent alimony.
The main legal point established in the judgment is that evidence of cruelty and desertion must be adequately proven, and reliance on retracted allegations without considering the reasons for retract....
The court ruled that allegations of cruelty and desertion must be substantiated with clear evidence, which was lacking in this case, thus the marriage could not be dissolved.
Cruelty, as a ground for divorce under the Hindu Marriage Act, requires substantial proof of conduct that severely impacts the mental or physical well-being of the other spouse, making cohabitation i....
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