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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Rajesh Rawani – Appellant
Versus
Arti Devi @ Parwati, wife of Rajesh Rawani – 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 18.11.2019 and decree signed on 30.11.2019 passed by the learned Principal Judge, Family Court, Dhanbad in Original Suit No. 681 of 2016, whereby and whereunder, the learned court has dismissed the suit filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 with litigation cost of Rs.5,000/-.
2. The brief facts of the case as per the original matrimonial suit needs to be referred herein as under:
This suit had been filed by the appellant/plaintiff for a decree of dissolution of marriage mainly on the ground of cruelty against the defendant/respondent Aarti Devi @ Parwati, under Section 13(1)(i-a) of Hindu Marriage Act. The marriage of the appellant/plaintiff was solemnized with respondent/defendant as per Hindu Rites and Customs on 30.06.2013 at Bokaro. After the marriage, the appellant/plaintiff and defendant/respondent lived together as husband and wife at Fularitand, Dhanbad and out of their wedlock they have been blessed with a son namely, Aayush @ Roshan on 21.06.2014. It is alleged by plaintiff in his plaint that defenda
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....
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....
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.
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....
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 court held that allegations of adultery, cruelty, and desertion must be substantiated with cogent evidence, and mere claims are insufficient for divorce.
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