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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Dukhi Ram Mandal, s/o Pancha Nand Mandal – Appellant
Versus
Pratima Mandal, w/o Dukhi Ram Mandal – 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 29.08.2018 and decree signed on 10.09.2018 passed by the learned Additional Principal Judge, Additional Family Court, Dhanbad in Original Suit No. 174 of 2016, whereby and whereunder, the learned court has dismissed the suit in the light of Section 13(1)(i-a)(i-b) 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 marriage of the appellant/plaintiff was solemnized with the respondent/defendant on 15.03.2007 at Kandra, Sindri as per Hindu rites and customs. The couple were blessed with a son namely, Ayush Mandal, aged 5 years. It has been alleged that the respondent/defendant is an educated lady but did not have care of civilization and culture and never treat beastly with the appellant/plaintiff and she always abused the petitioner/plaintiff and his parents with filthy language and since very first day she was non-co-operative and her behaviour towards the family members of the appellant/plaintiff was unacceptable.
It has been stated that appell
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.
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....
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....
Divorce on cruelty and desertion grounds requires cogent evidence proving grave conduct and animus deserendi; appellate court upholds trial dismissal absent perversity in reasoned findings based on p....
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.
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