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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Lukhiram Hansda, S/o Late Dhona Hansda – Appellant
Versus
Premlata Murmu, W/o Lukhiram Hansda – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J. :
1. Heard Mr. Niladri Sekhar Mukharjee, learned counsel for the appellant and Mr. Manoj Kumar No. 4, learned counsel appearing for the respondent.
2. This appeal is directed against the judgment and decree dated 09.06.2023 (decree signed on 17.06.2023) passed by Sri Sanjay Kumar Singh No. 1, learned Principal Judge, Family Court, Dumka in Original Suit No. 116/2019 whereby and whereunder, the suit preferred by the appellant under Section 10 of the Divorce Act, 1869 has been dismissed.
3. For the sake of convenience, both the parties are referred to in this judgment as per their status before the learned trial court.
4. The plaintiff (appellant herein) had preferred a suit under Section 10 of the Divorce Act, 1869 for dissolution of his marriage with the defendant no. 1 (respondent no. 1 herein) in which inter alia, it has been stated that the marriage of the plaintiff was solemnized with the defendant no. 1 on 19.02.1996 as per Christian rites and customs at village Gulamsuli, District- Dumka. After marriage, the plaintiff and the defendant no. 1 started residing together as husband and wife at village Fasiya Dangal since 1996. Out of the said wedlock
The court established that allegations of adultery must be substantiated with credible evidence, and the absence of such evidence can lead to the dismissal of divorce petitions under the Hindu Marria....
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 appellant must provide credible evidence for claims of cruelty and adultery for a divorce to be granted, as mere allegations without proof do not meet legal standards.
Cruelty under the Hindu Marriage Act requires substantial evidence demonstrating severe marital discord, unproven allegations do not justify divorce.
The main legal point established in the judgment is the requirement to prove mental cruelty and desertion in accordance with the legal principles outlined in the Hindu Marriage Act, 1955, and relevan....
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....
Cruelty and desertion established grounds for divorce under Hindu Marriage Act; applicant's claims of non-applicant's uncooperative behavior led to permanent breakdown of marriage.
The main legal point established in the judgment is the requirement to establish a fresh cause of action for seeking divorce, the continuous nature of desertion, and the interconnection between the i....
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