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2025 Supreme(SC) 775

DIPANKAR DATTA, MANMOHAN
Kumari Rekha – Appellant
Versus
Shambhu Saran Paswan – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Pulkit Tare, AOR
For the Respondent(s): Mr. Ashok Kumar Choudhary, Through Vc, Sr. Adv. Mr. Akshansh Ankit, Through Vc, Adv. Mr. Shraman Sinha, AOR

JUDGMENT :

DIPANKAR DATTA, J.

1. This appeal registers a challenge to the judgment and decree dated 4th June, 2020 of the High Court of Judicature at Patna,1[High Court] in Miscellaneous Appeal No. 501 of 2013. Under challenge before the High Court were (i) judgment and decree dated 4th June, 2013 of the Principal Judge, Family Court, Munger, Bihar, dismissing a petition,2[Title Suit (Matrimonial) No. 1 of 2009] under Section 13 of the Hindu Marriage Act, 1955 presented by the appellant-wife and (ii) the judgment and decree dated 11th June, 2013 allowing a petition under section 9 of the said Act of the respondent-husband. The High Court dismissed the appeal and, thereby, upheld the impugned judgment and decree of the Family Court.

2. The marriage between the appellant-wife and the respondent-husband was solemnized on 24th April, 1999. They were blessed with a daughter on 7th June, 2001. It is not in dispute that the parties have been living separately for quite some time. According to the appellant-wife, they have been living separately since 2008 while the respondent-husband claims that the separation is since 2012. Be that as it may, admittedly, they have been living separately for

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