Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
ARINDAM SINHA, M.S.SAHOO
Padmalaya Dash – Appellant
Versus
Dola Gobinda Dash – Respondent
| Table of Content |
|---|
| 1. wife appeals against marital dissolution judgment. (Para 1) |
| 2. mr. mishra contests cruelty allegations. (Para 2) |
| 3. mr. rath defends claims of cruelty. (Para 3) |
| 4. arguments and proposals for alimony discussed. (Para 4 , 5) |
| 5. marital history and alimony amounts examined. (Para 6) |
| 6. cross-examination reveals credibility issues. (Para 7) |
| 7. court finds no cruelty by appellant. (Para 9) |
| 8. appeal allowed; previous judgment reversed. (Para 10) |
JUDGMENT :
ARINDAM SINHA, J.
1. The wife has preferred appeal against judgment dated 30th March, 2022 of the Family Court, dissolving the marriage and directing ₹5,00,000/- towards permanent alimony/maintenance. Mr. Mishra, learned advocate appears on behalf of appellant-wife while Mr. Rath, learned advocate for respondent-husband.
2. Mr. Mishra submits, ground for dissolving the marriage was erroneously said to be cruelty. There was no cruelty on part of his client. In the circumstances, we call upon Mr. Rath to demonstrate pleading and evidence on cruelty, as would appear from materials before the Family Court, its record being available.
3. Mr. Rath submits, appellant-wife was cruel to his client. She had confessed that she was under
The court found no credible evidence of cruelty to justify marriage dissolution, reversing the Family Court's judgment and concluding the couple's relationship was harmonious.
Mental cruelty as a ground for divorce requires clear and convincing evidence; mere allegations without substantiation do not meet the legal threshold for dissolution of marriage under the Hindu Marr....
Point of law: Family Court erred in not considering the matter on its merits as appellant has specifically pleaded grounds of cruelty and the same are proved in evidence
An irretrievable breakdown of marriage is not a ground for divorce under Sec. 13 of the Hindu Marriage Act, 1955, and the marriage cannot be dissolved solely based on the parties living separately fo....
The court established that cruelty must entail a series of acts creating an intolerable living situation, rather than isolated incidents, with earlier findings influencing the outcome of divorce peti....
Cruelty and desertion are valid grounds for divorce under the Hindu Marriage Act, particularly when the marriage is irretrievably broken down.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
