RANJAN KUMAR PATHAK Vs. SANDHYA KUMARI
LAWS(JHAR)-2018-3-31
HIGH COURT OF JHARKHAND
Decided on March 27,2018

Ranjan Kumar Pathak Appellant
VERSUS
SANDHYA KUMARI Respondents

JUDGEMENT

Ratnaker Bhengra, J. - (1.) Heard learned counsel for the parties.
(2.) The learned Principal Judge, Family Court, Ranchi, dismissed the Matrimonial Title Suit No. 73 of 2004, instituted by the petitioner/ appellant herein, by the impugned judgment dated 11.11.2008. Petitioner had sought dissolution of the marriage with the respondent alleging cruelty in terms of Section 13(1) (ia) of the Hindu Marriage Act. Based on the rival pleadings of the parties, following issues were framed for adjudication: "I. Whether the case is maintainable? II. Whether the petitioner has valid cause of action to file the suit? III. Whether respondent committed act of cruelty with the petitioner and his family members and as to whether the act of cruelty has been condoned by the petitioner? IV. Whether the respondent is taking advantage of his own wrong? V. Whether the petitioner is entitled to relief as prayed for?"
(3.) The learned Family Court decided the issue relating to the cruelty on the part of the respondent against the petitioner on the weight of the pleadings and evidences on record. Copious evidences were led both by the petitioner and the respondent before the learned Family Court in support of their stand and have been discussed by the learned Family Court at length.;


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