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IN THE HIGH COURT OF MANIPUR AT IMPHAL
D.KRISHNAKUMAR, A.GUNESHWAR SHARMA
Monita Naorem – Appellant
Versus
Oinam Devananda Singh, S/o O.Angou Singh – Respondent
| Table of Content |
|---|
| 1. valid grounds for divorce based on adultery. (Para 1 , 3) |
| 2. factual background of the marriage and divorce case. (Para 2 , 4) |
| 3. subsequent marriage impacts appeal decision. (Para 5) |
| 4. arguments about non-joinder of necessary parties. (Para 6 , 7) |
| 5. court's view on infructuous and academic questions. (Para 8 , 9) |
| 6. appeal dismissed as infructuous. (Para 10 , 11) |
JUDGMENT :
A. GUNESHWAR SHARMA, J.
[1] By the present Appeal, appellant/wife is challenging the impugned judgment and decree dated 15.12.2017 passed by the learned Judge, Family Court, Manipur in Matrimonial (Divorce) Case No.168 of 2016. By the impugned order, the marriage between the appellant and the respondent/husband was dissolved on the ground of adultery committed by the appellant/wife. The main ground of challenge, amongst others, is that the impugned judgment and decree lacks material evidence and the learned Trial Court decided the case on presumption without any material evidence.
[2] The facts leading to filing Mat (Div) Case No.168 of 2016 is that the appellant/defendant was married with the respondent/plaintiff and their marriage ceremony was solemnized on 21st day of March, 2014. The marriage wa
Divorce proceedings based on presumed adultery must have material evidence, and subsequent marriage renders appeal moot, making it academic in nature.
A divorce petition can proceed without adding an alleged adulterer as a party unless the decree specifically seeks to address adultery as a ground for divorce.
The court held that allegations of cruelty and adultery must be substantiated with credible evidence; mere allegations are insufficient for obtaining a divorce decree.
Technicalities of non-joinder of a paramour do not impede the adjudication of divorce claims on grounds of cruelty, emphasizing substantive justice in family law proceedings.
Where husband alleges adultery and dissolution of marriage under clause (i) in Section 13(1) of Hindu Marriage Act, 1955, he cannot be said to have right of relief against paramour.
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.
Non-joinder of an adulterer is not fatal to a divorce case under the Indian Divorce Act if their identity is unknown, and DNA evidence can substantiate claims of adultery.
The absence of a Section 65B certificate does not invalidate electronic evidence in family law proceedings; personal marital disputes are exempt from conventional evidentiary restrictions.
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