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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Prem Lata Thakur @ Prem Lata Kumari @ Pinki – Appellant
Versus
Kumar Achyuta Nand Jha – Respondent
JUDGMENT (CAV)
Alok Kumar Pandey, J.—The present appeal has been directed against the impugned order dated 19.01.2016 and decree dated 04.02.2016 passed in Matrimonial (Divorce) Case No. 102 of 2007 by the court of learned Principal Judge, Family Court, Bhagalpur whereby marriage between the parties has been dissolved by passing decree of divorce. Further, the concerned court ordered that appellant is not entitled for permanent alimony/maintenance and also directed the appellant/wife to hand over baby child to the respondent/husband.
2. Before delving the factual aspect of the divorce petition filed by the respondent u/s 13 (1)(ib) of the Hindu Marriage Act, 1955, summarizing the background of appellant prior to date of marriage including stories and sub-stories of divorce petition which consists of 35 pages and to cut short the matter, the relevant aspects are being projected which are as follows:
The present appellant and respondent solemnized the marriage on 24.06.2005 and sufficient gifts were presented by respondent’s sides through relatives. It is averred in divorce petition that the appellant misbehaved at the behest of her mother, brother and maternal uncle. Her conduct was
Divorce – Foundational facts regarding allegation of adultery must be proved.
Grounds for divorce under Hindu Marriage Act must be substantiated by convincing evidence; mere allegations of cruelty or adultery without proof do not warrant decree of divorce.
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 appeal court found the Family Court's dismissal of divorce due to cruelty and desertion to be perverse, establishing that the husband's behavior justified dissolution of marriage.
Desertion requires proof of intentional permanent abandonment and cannot be presumed from mere long separation.
Family and Personal Law - Seeking divorce - Ground of desertion - It is obligation of the court and all concerned that marriage status should, as far as possible, as long as possible and whenever pos....
Cruelty and abandonment constitute valid grounds for divorce under the Hindu Marriage Act, where neglect and long separation are treated as factors leading to irreversible breakdown of the marriage.
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