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SAUMITRA DAYAL SINGH, DONADI RAMESH
Firoz Karim – Appellant
Versus
Dimple Karim – Respondent
JUDGMENT :
1. Heard Shri Abhishek, learned counsel for the appellant and Sri R.P. Tiwari, learned counsel for the respondents.
2. The present appeal has been filed under Section 19 of the Family Courts Act, 1984 against the judgment and order dated 23.02.2016 passed by the Principal Judge, Family Court, Jhansi, in Petition No.410 of 2013 (Firoz Karim Vs. Smt. Dimple Karim and another). By that order, learned court below has dismissed the divorce petition filed by the present appellant under Section 10 of the Indian Divorce Act, 1869 (hereinafter referred to as "the Act")
3. Primarily, the divorce petition had been filed by the present appellant on two grounds. First adultery and second desertion had been pleaded. As to the ground of adultery, according to the appellant, respondent no.2 had committed adultery. That pleading was made in the divorce petition. However, the same was not admitted. Rather the allegation of adultery was denied by respondent no.1. Respondent no.2 / adulterer did not appear in the proceeding. As to evidence of adultery, the appellant examined himself as PW-1, his mother Smt. Mercy Karim as PW-2 and Parvez Ahmed, neighbour as PW-3.
4. Learned counsel for the ap
The court emphasized that allegations of adultery and desertion must be substantiated by credible evidence, which the appellant failed to provide.
Divorce – Foundational facts regarding allegation of adultery must be proved.
Prolonged separation without justification constitutes desertion, sufficient for divorce under family law.
Divorce grounds of adultery require high probability proof beyond suspicion; cruelty must be grave causing cohabitation impossibility; desertion needs two-year separation preceding petition. Absent p....
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.
The court held that allegations of cruelty and adultery must be substantiated with credible evidence; mere allegations are insufficient for obtaining a divorce decree.
(1) Divorce suit – Divorce petition could not be rejected merely because a part of cause of action was not viable in law if Court otherwise had jurisdiction to entertain the action.(2) Divorce suit –....
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