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2025 Supreme(Pat) 1439

IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI, ACJ and S. B. PD. SINGH, J.
Miscellaneous Appeal No.331 of 2018
(2.9.2025)
Nilu Kumari ... Appellants
vs.
Sanjay Kumar ... Respondent

Advocates Appeared:
For the Appellant : Mr. Kaushal Kishor.
For the Respondent: Mr. Anirudh Kumar Sinha.

Headnote:

Hindu Marriage Act, 1955 – Section 13 – Divorce – Cruelty and desertion by wife – Treatment complained of and resultant danger or apprehension must be very grave, substantial and weighty – Mere trivial irritations, quarrel, normal wear and tear of married live which happens in day-to-day live would not be adequate for grant of divorce on the ground of mental cruelty – Respondent-husband has failed to prove cruel behaviour of appellant towards him and his family members by strength of cogent, relevant and reliable evidence – Not even a single incident with reference to specific date of alleged cruelty has been urged in plaint before Family Court – Respondent-husband has failed to prove allegation of cruelty – Just after four months of alleged desertion by appellant-wife, respondent-husband has filed Divorce Petition which is pre-mature – Family Court also did not take pain to reconcile the matter/dispute between parties – Besides, while allowing divorce petition, no permanent alimony was decided by Family Court which is legal rights of a deserted wife and her dependent daughter – Judgment and decree passed by Principal Judge, Family Court, set aside – Appeal allowed. (Paras 13, 19, 22, 23 and 24)

S. B. Pd. Singh, J.—Heard the parties.

2. The appellant has come up in this appeal against judgment and decree dated 20.02.2018 passed by the learned Principal Judge, Family Court, Vaishali at Hajipur in Divorce Case No. 247 of 2013, whereby the petition filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (in short 'the 1955 Act') seeking dissolution of marriage by a decree of divorce, has been allowed.

3. The pleaded case of the respondent in his petition under Section 13 of the Hindu Marriage Act, 1955 is that the marriage of the appellant was solemnized with the respondent on 20.11.2011 according to the Hindu Rights and Customs. The marriage was consummated and a female-child was born out of the wedlock on 03.11.2012. Sometimes after the marriage, the appellant started pressurizing the respondent to live separately from his old parents. The appellant used to abuse filthy languages against her parents-in-law. She also used to behave cruelly with her husband (respondent) and tried to malign the prestige of the family of the respondent. After marriage, the appellant never took the responsibility as a wife and old mother of the respondent used to cook food for the family. The appellant always used to throw the food outside the house and respondent and his other family members had to remain hungry on so many occasions. The appellant is a lady of free mind and she always used to go for movie and market with another male members. Whenever the respondent objected, she became furious. She used to go to her Maike frequently without the permission of the respondent.

4. The appellant has completely failed to discharge her matrimonial obligation towards her husband and other in-laws members. The actions/misdeeds of the appellant have caused great torture and harassment in the mind of the respondent. This causes enormous pain and grief in the mind of the respondent and he found that in spite of giving best possible love and affection, there was no change in her behaviour towards him, his parents, relations and friends. The appellant has left the society and company of the respondent and went to her Maike on 19.08.2013. The matrimonial relation between the appellant and respondent had already irretrievably broken down and there was no hope of restoration of their conjugal life. Hence, the respondent has filed the present Divorce Petition for dissolution of marriage with the appellant.

5. After filing of the Matrimonial Case, summons were issued to the opposite party/appellant. She appeared and filed her written statement in which she has stated that all the allegations made by the respondent against the conduct and behaviour of the appellant was denied. It has been averred that she used to cook food at her matrimonial house and after taking the bath and performing prayer to the God, she used to take lunch or food. It has been averred that Rs. 2 lakh was demanded as dowry by her husband and for non-fulfillment of the same, she was ousted from her matrimonial house along with her daughter. It has also been alleged that respondent has illicit relationship with his sister-in-law (Bhabhi). The appellant has also filed Complaint Case No. 2526 of 2014 against the respondent and other in-laws family members under Sections 498(A) of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act. This Divorce case is said to have been filed on false and concocted grounds only to oust the appellant from the matrimonial life of the respondent. The appellant, therefore, prayed that divorce petition filed by the respondent is fit to be dismissed.

6. After framing of the issue and material evidences available on record, learned Principal Judge, Family Court, Vaishali at Hajipur held that the appellant-wife has treated her husband with mental cruelty. Accordingly the suit has been decreed on contest under Sections 13 (1) of the Act and accordingly the marriage solemnized on 20.11.2011 between the parties was dissolved on the ground o

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