SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Pat) 537

IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI and ALOK KUMAR PANDEY, JJ.
Misc. Appeal No.223 of 2015
(20.8.2024)
Shri Santosh Kumar Jha ... Appellant
vs.
Smt. Bandana Kumari ... Respondents

Advocates:
For the Appellant : Ms.Shama Sinha.
For the Respondent: Mr. Sameer Ranjan.

Headnote:

Hindu Marriage Act, 1955 – Section 13(1)(ib) – Dissolution of Marriage sought for by the husband/appellant on the ground of desertion and cruelty – The statutory requirement for the ground of desertion is not less than two years and the appellant has filed the present case on the ground of desertion without lapse of statutory period of two years and said ground is neither tenable or sustainable in the light of the facts and circumstances of the case. (Para 22)

Hindu Marriage Act, 1955 – Section 13(1)(ia) – Dissolution of Marriage on the ground of cruelty – No specific date, time and place of occurrence has been made in the pleadings to show that she has committed act of cruelty rather appellant has stated very vague statement that between the year 2008 to 2011 respondent has joined the appellant and she conceived thrice and she got aborted her pregnancy without consent of the appellant but there is nothing on record to show that pregnancy was terminated at the behest of the appellant – Respondent has joined the matrimonial home and she is willing to join the appellant – She has denied to have left the matrimonial home – No effort made by the appellant to settle the matrimonial dispute – even his pleading of separate accommodation as per desire of respondent, does not find any place in the evidence of the appellant – Pleading of the appellant is totally vague and same is merely a bald statement having no basis – Contention regarding cruelty is neither tenable nor sustainable. (Para 24)

Samar Ghosh Vs. Jaya Ghosh, (2007) 4 SCC 511; Shri Rakesh Raman Vs. Smt. Kavita, 2023 SCC OnLine SC 497; K. Srinivas Rao Vs. D.A. Deepa, (2013) 5 SCC 226; V. Bhagat Vs. D. Bhagat, (1994) 1 SCC 337; Shobha Rani Vs. Madhukar Reddi, (1988) 1 SCC, 105 – Distinguished.

Bipin Chandra Jai Singh Bai Shah Vs. Prabhavati, AIR 1957 SC 176; Lachman Uttam Chand Kirpalani Vs. Meena alias Mota, AIR 1964 SC 40; Debananda Tamuli Vs. Kakumoni Kataky, (2022) 5 SCC 459; Adhyatma Bhattar Alwar Vs. Adhyatma Bhattar Sri Devi, AIR 2002 SC 88 – Relied.

Alok Kumar Pandey, J.—The present appeal has been directed against the impugned judgment dated 19.05.2015 and decree dated 27.05.2015 passed by learned Principal Judge, Family Court, Darbhanga in Matrimonial Case No. 73 of 2013, H.M.A. No. 253 of 2012, whereby and whereunder the matrimonial case filed by the appellant for dissolution of marriage with the respondent has been dismissed.

2. It is worth to mention that initially, matrimonial case was filed before the Family Court, Rohini, Delhi but on the petition of respondent it was transferred by the Hon'ble Supreme Court to the Principal Judge, Family Court, Darbhanga vide its order dated 11.02.2013 in Transfer Petition (Civil) No. 1453 of 2012 for trial and expeditious disposal.

3. Briefly stated facts of the appellant's case is that both parties solemnized marriage on 19.11.2003 at Darbhanga according to Hindu Customs and Rites. It is averred that on 17.11.2004 a girl child was born at Darbhanga out of the aforesaid wedlock. It is claimed by the appellant that respondent is an ambitious lady as she has affinity with her father who is the professor in Lalit Narayan Mishra University, Darbhanga and the respondent tried to prove that she is the ideal child of her father and since the date of inception of marriage, respondent has shown rigid and adamant approach and she has non-compromising attitude towards the appellant. The appellant has stated that he entered into relationship just on account of educational background of family of respondent but the respondent did not support the appellant as she is taking care of her father and mother in comparison to appellant. It is claimed by the appellant that appellant brought the respondent to Delhi in April, 2004 but in the month of July, 2004 father of the respondent came and brought her back to Darbhanga. It is further claimed by the appellant that respondent did not agree to return to her matrimonial home from July, 2004 to January, 2008 and during the said period she did not join her matrimonial home at Delhi and deserted the appellant completely. It is averred that in the month of January, 2008 respondent came to Delhi on the condition that appellant shall make a separate accommodation for the respondent and respondent joined the matrimonial home and stayed till July, 2008 with the appellant and she became pregnant. In July, 2008 she was taken by her father to her parental house and pregnancy of respondent was terminated without knowledge of the appellant. It is also averred by the appellant that respondent was brought back to Delhi in the month of January, 2009 and again she became pregnant and she went to Darbhanga against the wishes of appellant in the month of May, 2009 on the pretext of appearing in some exams and again her pregnancy was aborted without giving any intimation to the appellant and the said conduct of the respondent gave shock and mental cruelty to the appellant. It is also claimed by the appellant that in the month of September 2010, appellant met with an accident and he was living separately and there was nobody to take care of him but respondent did not join the company of the appellant despite being persuasion made by the appellant. It is also claimed that the respondent joined the appellant in January, 2011 and again she became pregnant and respondent went to Dr. Amita Dhawan (Gyneacologist) for routine check up who confirmed the pregnancy of about nine weeks on 21.04.2011 and again on the pretext of visiting her parents, respondent went to her parents house and left Delhi on 20.05.2011 and after reaching her parents house, respondent aborted her pregnancy against the wishes of the appellant. It is further claimed that appellant reached Darbhanga, which is also native place of appellant and he approached the respondent at her parents' house but the respondent flatly refused to join the company of the appellant and she did not accompany the appellant, even after a return Railway ticket was arranged for her. D

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top