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RONGON MUKHOPADHYAY, ARUN KUMAR RAI
Ritu Rani – Appellant
Versus
Amit Prasad – Respondent
JUDGMENT
R. Mukhopadhyay, J.—Heard Mr. Birendra Kumar, learned counsel for the appellant and Mr. Umesh Kr. Choubey, learned counsel appearing for the respondent in First Appeal No.187 of 2024 and Mr. Umesh Kr. Choubey, learned counsel for the appellant and Mr. Birendra Kumar, learned counsel appearing for the respondent in First Appeal No.231 of 2023.
2. In First Appeal No.187 of 2024 the appellant is aggrieved with the judgment and decree dated 01.08.2023 (decree signed on 18.08.2023) passed by Sri Shambhu Lal Shaw, learned Principal Judge, Family Court, Hazaribagh in Original Suit No. 98 of 2022 whereby and whereunder the Suit preferred by the respondent herein under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 has been allowed and the marriage between the appellant and the respondent has been dissolved.
3. In First Appeal No.231 of 2023 the appellant/husband is aggrieved with that part of the impugned judgment and decree dated 01.08.2023 (decree signed on 18.08.2023) by which he has been directed to make payment of permanent alimony of Rs. 20 Lakhs to the respondent / wife within one month.
4. We shall first deal with First Appeal No. 187 of 2024 and, if necessary, will de
Divorce cannot be granted on an isolated incident of cruelty by wife.
The court ruled that isolated incidents of alleged mental cruelty, lacking consistent evidence, do not justify the dissolution of marriage under the Hindu Marriage Act.
Cruelty, as a ground for divorce under the Hindu Marriage Act, requires substantial proof of conduct that severely impacts the mental or physical well-being of the other spouse, making cohabitation i....
Cruelty and desertion in marital law require substantial proof; a spouse's commuting for work and financial support does not constitute grounds for dissolution of marriage.
The main legal point established in the judgment is that persistent filing of false complaints and allegations by one spouse against the other can amount to mental cruelty, leading to the dissolution....
Divorce – Staying separate for more than a decade would not be construed to be an irretrievable break down of marriage.
Cruelty under the Hindu Marriage Act requires substantial evidence demonstrating severe marital discord, unproven allegations do not justify divorce.
Mental cruelty can be inferred from a spouse's persistent refusal to cohabit and disrespectful behavior, justifying divorce under the Hindu Marriage Act.
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