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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDHIR SINGH, SUKHVINDER KAUR
Mahabir Singh – Appellant
Versus
Anita – Respondent
JUDGMENT :
Sudhir Singh, J.
Challenge in the present appeal is to the judgment and decree dated 01.02.2023 passed by learned Principal Judge, Family Court, Bhiwani Camp at Loharu (for short the 'Family Court'), whereby the petition under Section 13 (1) (ib) of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the appellant-husband, was dismissed.
2. The Aforesaid Petition Had Been Filed By The Appellant- husband, inter alia, pleading therein that his marriage with the respondent-wife was solemnized on 07.06.2011, according to Hindu rites and out of the said wedlock one child was born. It was further alleged that during her six year's stay in the matrimonial home, the respondent-wife treated the appellant-husband and his family members with utmost cruelty. In 2010, the real brothers and the cousin of the respondent-wife came to Chandigarh and had stayed at the house of the appellant-husband for preparation of the competitive exams. The respondent-wife used to level the allegations of the illicit relations of the appellant-husband which had caused dent in the marital relations of the parties. She used to send the messages on the mobile phone of the colleagues of the appellant-
The court held that allegations of cruelty and adultery must be substantiated with credible evidence; mere allegations are insufficient for obtaining a divorce decree.
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.
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