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IN THE HIGH COURT OF JHARKHAND AT RANCHI

F.A. No. 368 of 2018

Manju Kumari, wife of Anil Kumar Daughter of Ravinder Lal Prasad @

Ravinder Prasad, aged about 34 years, resident of Qrt. No.MFA-04, Argora

Housing Colony, P.O. & P.S.-Argora, District-Ranchi.

… … Appellant/Petitioner

Versus

Anil Kumar, son of Harihr Prasad aged about resident of Qtr. No. 1026

Gali No.45 Sector-8D Post Sector-0 P.S. Harla, District-Bokaro

(Jharkhand).

Permanent address-through Sri Subodh Kumar Q. No.B-106 Mohalla Pc

Colony, Kankadbag Near Shalimar sweets, P.O. + P.S. + District-Patna

(Bihar).

… … Respondent/Opposite Party

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Appellant

: Mr. Kalyan Banerjee, Advocate

For the Respondent

: Mr. Ramawatar Chamaria, Advocate

Mr. Sanjay Kr. Chamaria, Advocate

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ORAL JUDGMENT

10/Dated: 10^th February, 2023

Per Sujit Narayan Prasad, J.

1. The instant appeal under Section 19(1) of the Family Courts Act, 1984 is

directed against the judgment dated 18.08.2018 passed in Original Suit

No. 632 of 2016 by the learned Principal Judge, Family Court, Ranchi,

whereby and whereunder, the suit filed for dissolution of marriage by the

wife against the husband under Section 13(1)(ia), (ib) of the Hindu

Marriage Act, 1955 hereinafter referred to as the Act, 1955 has been

dismissed.

2. The brief facts of the case as per the pleading made by the petitioner in

an application filed under Section 13(1)(ia), (ib) and (1A) of the Hindu

Marriage Act, 1955 hereinafter referred to as the Act, 1955, reads as

under:

It is the case of the appellant that her marriage was solemnized

with respondent on 24.05.2013 according to Hindu rites and customs, at

Bokaro. At the time of marriage an amount of Rs.7.5 lakh was

transferred to the Bank account of respondent as well as household

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article and Jewelries worth Rs.8 lakhs were given. But from the first day

of marriage the respondent/husband and his family members stared

torturing her mentally for bringing less dowry. The elder sister of

respondent also captured her ornaments and respondent and his family

members asked her to bring 50 tola gold and Rs.2 lakhs as dowry but

due to intervention of the family members of petitioner the matter was

resolved. Thereafter, the respondent took the petitioner to his working

place at Delhi and after one week the elder sister of the respondent also

reached Delhi and started living with them.

It is the specific case of the petitioner that one day the petitioner

saw her husband and his sister-Nirmala Devi in objectionable position.

They in order to conceal their illicit relation started assaulting the

petitioner and confined her in a room. They also kicked her out from the

house on 01.11.2014 and after taking loan from neighbor she came to

Ranchi and since then she is living at her parental house. The family

members and well-wishers tried to resolve the dispute, but it went in

vain.

It is also the case of the petitioner that she is unemployed having

no source of income to maintain herself and is fully dependent upon her

mother and younger brother, as her father is no more. The petitioner also

tried to resolve the dispute before Mediation Centre, Ranchi in ABP

No.326/2016, but it also went in vain. The cause of action arose on

01.11.2014 when respondent ousted the petitioner from his house.

3. The learned family judge has called upon the respondent-husband and

after framing altogether five issues has dismissed the suit on contest on

the ground that the ground seeking divorce has not been found to be

established after going through the testimony of the parties.

4. Mr. Kalyan Banerjee, learned counsel for the appellant-wife has taken

the ground that while dismissing the suit, the learned family judge has

not appreciated the evidence in right perspective and from