RAJ KUMAR RANA v. RITA RATHORE INSC 192

Name of the Case: Raj Kumar Rana v. Rita Rathore INSC 192 Facts: The appellant Raj Kumar Rana was married to the respondent Smt.Rita Rathore on 10.05.1997. Both were working in District Hospitals in different places. After their marriage the appellant was posted at the District Hospital at Solan, Himachal Pradesh where he started living. Due to their combined input, the respondent was also shifted to Solan also. She and the man cohabited as husband and wife for about nine months. After that, the appellant perused Section 13 of the Hindu Marriage Act and instigate divorce on the grounds of cruelty and desertion of the respondent. The District Judge, Solan, dismissed the petition; therefore, the appellant herein started this appeal. Issue: Whether the appellant is entitled to a decree of divorce on the ground that the respondent has been guilty of cruelty and desertion within the meaning of section 13 of the Hindu Marriage Act. Holding: The court dismissed the plea of cruelty and desertion and denied the appellant a decree of divorce in these circumstances. Rationale: Writing on behalf of the court the judge analyzed all pieces of evidence and testimonies given. In this regard, it desired information concerning proof of cruelty or desertion from the appellant but the appellant was unable to come up with evidence worthy of conviction in the case of the respondent. It was observed that even petty annoyances, scuffle or the ordinary strains of a married relation are insufficient for passing an order for rendition of a decree of judicial separation for cruelty. Furthermore, no evidence was adduced to contradict the fact that respondent married another man because it was not proved that the behaviour was one-sided and the appellant deserted him.