Allegations of cruelty and adultery unsupported by evidence, appeal dismissed
In a significant judgment, the Jharkhand High Court has upheld the Family Court's decision to dismiss the divorce petition filed by Mahesh Mahato against his wife Shibani Mahato. The division bench comprising Justices Sujit Narayan Prasad and Arun Kumar Rai ruled that mere allegations of cruelty and adultery without substantial evidence do not constitute valid grounds for divorce under the Hindu Marriage Act, 1955.
The appellant, Mahesh Mahato, sought a decree of divorce primarily on grounds of cruelty, alleging that his wife was involved in an extramarital relationship with a villager named Mintu Mahato. However, the court found that these allegations were based on hearsay and lacked any direct evidence. The appellant's claims were primarily supported by witnesses who testified based on the appellant's statements rather than firsthand observations. The court emphasized that for charges as serious as adultery, the petitioner must provide concrete evidence, which was notably absent in this case.
Furthermore, Mahesh Mahato alleged that his wife had deserted him, living separately for two years. However, the court determined that Shibani Mahato was driven out due to dowry demands and harassment, thereby justifying her separation. The court highlighted that desertion as a ground for divorce requires proof of intent to permanently forsake the spouse, which was not demonstrated by the appellant.
The bench also took into account the allegations made by Shibani Mahato, who claimed that she was subjected to harassment and physical assault due to dowry demands. The Family Court, after evaluating the testimonies and the lack of substantive evidence from the appellant, concluded that no grounds for divorce were established. This conclusion was affirmed by the High Court, which noted that the Family Court had thoroughly appreciated all issues before delivering its judgment.
The High Court's decision underscores the necessity for petitioners in matrimonial disputes to substantiate their claims with evidence rather than relying on mere allegations. The judgment reiterates the principle that the burden of proof lies with the party making the allegations, particularly in cases involving serious accusations like adultery and cruelty.
Mahesh Mahato's appeal was dismissed as the High Court found no perversity or error in the Family Court's judgment, emphasizing that the Family Court had correctly applied the legal standards pertaining to cruelty and desertion. The dismissal of the appeal serves as a reminder of the judiciary's role in upholding the sanctity of marriage while ensuring justice through evidence-based adjudication.
Bottom Line:
Matrimonial disputes - Allegations of cruelty, adultery, and desertion - Mere allegations without evidence cannot substantiate grounds for divorce under Section 13(1)(i) & (i-a) of the Hindu Marriage Act, 1955.
Statutory provision(s): Section 13(1)(i) & (i-a) of the Hindu Marriage Act, 1955, Section 13(1)(i-b) of the Hindu Marriage Act, 1955, Section 19(1) of the Family Courts Act, 1984
Mahesh Mahato v. Shibani Mahato, (Jharkhand)(DB) : Law Finder Doc id # 2840543
