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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, GAUTAM KUMAR CHOUDHARY
Deshratna, S/o. Ajay Singh – Appellant
Versus
Varsha Singh, W/o. Deshratna, D/o Manoj Kumar Singh – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
Prayer:
1. The instant appeal under Section 19(1) of the Family Courts Act, 1984 is directed against the judgment dated 06.05.2024 and decree signed on 17.05.2024 passed by the learned Additional Principal Judge, Additional Family Court No. II, Dhanbad in Original Suit No. 574 of 2022, whereby and whereunder, the suit filed by the petitioner-appellant [husband] for decree of dissolution of marriage on the ground that marriage is null and void under Section divorce u/s 12(1)(b) read with Section 5(ii)(b) of the of Hindu Marriage Act, has been dismissed.
Factual Aspect
2. The brief facts of the case, leading to filing of the divorce petition by the appellant-petitioner, as taken note in the impugned order as emanated from the plaint, needs to be referred herein, which reads as under:
3. Appellant is legally married with the respondent and their marriage was solemnized on 28-11-2021 at Panchkut Resort, Dhanbad, according to Hindu Rites and Customs. After the marriage both the petitioner-appellant and respondent had been living together as wife and husband at Dhanbad. Out of the wedlock there was no child. It is further stated that at the time of marriage
Failure to prove serious mental illness or fraud in marriage annulment under Hindu Marriage Act, emphasizing strict evidentiary standards.
The Court held that mere existence of mental disorder is insufficient for a divorce decree; sufficient evidence proving the severity affecting marital life is necessary.
Restitution of conjugal rights – Where marriage itself is not proved, decree for restitution of conjugal rights cannot be sustained.
Insufficient evidence of mental disorder or cruelty fails to establish grounds for divorce under the Hindu Marriage Act.
Concealment of a mental disorder in marriage constitutes fraud, justifying annulment under Section 12(1)(b) of the Hindu Marriage Act.
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