K. LAKSHMAN, P. SREE SUDHA
C. Raghu Rama Rao – Appellant
Versus
C. Vanaja – Respondent
JUDGMENT :
K.Lakshman, J.
Heard Sri J. Prabhakar, learned Senior Counsel representing Smt.Kanumuri Kalyani, learned counsel appearing for the appellant and Sri G.Manoj Kumar, learned counsel representing Sri P.Srinath, learned counsel appearing for the respondent. Perused the record.
2. Feeling aggrieved and dissatisfied with the order dated 05.07.2011 in O.P.No.377 of 2009, passed by the learned Judge, Family Court, Secunderabad, appellant-husband preferred the present appeal.
3. Appellant-husband had filed O.P.No.377 of 2009 against respondent-wife under Section 13(1)(ia)(ib) of the Hindu Marriage Act, seeking dissolution of marriage on the ground of cruelty and desertion, contending as follows:
b) By the time of marriage, respondent’s father expired and therefore her mother was not in a position to celebrate the marriage. Therefore, appellant’s mother gave an amount of Rs.2 Lakhs to the respondent’s family for the performance of marriage. She also presented 15 tulas of gold and other articles.
c) The said marriage was consummated and they le
Samar Ghosh v. Jaya Ghosh (2007) 4 SCC 511
Bipin Chander Jaisinghbhai Shah v. Prabhawati AIR 1957 SC 176
The court emphasized the necessity of specific evidence to substantiate claims of cruelty and desertion in divorce proceedings.
A marriage may be dissolved under the Hindu Marriage Act on grounds of cruelty and desertion when evidence shows a complete breakdown of the marital relationship, without any intention for reconcilia....
A party alleging cruelty in divorce must substantiate claims with relevant evidence; failure to do so results in dismissal of the petition.
The appellant's allegations of cruelty were not substantiated by reliable evidence, and the court emphasized that mere claims are insufficient for dissolution of marriage under the Hindu Marriage Act....
The burden of proof lies with the appellant to establish claims of cruelty and desertion, which must be supported by credible evidence, and mere allegations without proof are insufficient for divorce....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.