IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No. 80 of 2023 Rohit Sharma, aged about 30 years, son of Chhoti Rana, resident of: Padariya, PO& PS: Barhi, District- Hazaribagh..… Petitioner/Appellant Versus Shiwani Kumari @ Sharma, aged about 24 years, wife of Rohit Sharma and daughter of Vinesh Lal Rana, resident of: Babugaon (Korra), P.O. & P.S: Korra, District-Hazaribagh. Now residing at parent’s village Padariya, PO & PS Barhi, District Hazaribagh.

…… Respondent/Respondent -------

CORAM: HON’BLEMR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI -------

For theAppellant : Mr. Ashim Kumar Sahani, Advocate;

Mr. Gautam Kumar Pandey;Advocate Ms. Trisha Kumari, Advocate For the Respondent : Mr.Pratik Sen, Advocate ---------

CAVOn:20 th November, 2025 PRONOUNCED ON: 10/12/2025 Per, Sujit Narayan Prasad J.

1. The instant appeal under Section 19(1) of the Family Court Act, 1984 is directed against the order/judgment dated 03.03.2023 and decree dated 23.03.2023 passed by the learned Principal Judge, Family Court, Hazaribag in Original Suit No. 243 of 2022, whereby and whereunder, the Suit filed by the appellant under Section 13(1) (ia) and (i-b) of the Hindu Marriage Act, 1955, has been dismissed.

2. The brief facts of the case leading to filing of the petition filed under Section 13(1) (ia) and (i-b) of the Hindu Marriage Act, 1955 by the appellant/petitioner needs to be referred herein which are as under:

The marriage of the appellant/petitioner with the respondent wife was solemnized in Hazaribag on 30.04.2021 as per Hindu rites and customs. Out of their wedlock, one son, namely, Harshit Sharma was born on 08.01.2022. The respondent-wife was treating the appellant and his parents with cruelty claiming herself to be a lady from urban living and her matrimonial house is in rural area and also that the appellant has not got government job. She also addressed her mother-in-law as witch and she used to go to her parental house every now and then. She also assaulted the appellant by sleeper at her parental house. She refused to cook food since pregnant and also threatening to abort. The respondent is living in her parental house since 8.7.2021 and in spite of request made by the appellant, she refused to resume conjugal life. Panchayati took place on 5.8.2021, 9.11.2021 and 3.12.2021 wherein compromise took place but she refused to live in her matrimonial house. Therefore, the Suit has been filed by the appellant praying for divorce on the ground of cruelty and desertion.

3. The learned Family Judge has called upon the respondent-wife. The wife has filed written statement and altogether six issues have been framed by the learned Family Court which are as follows:

(i) Whether the suit as framed is maintainable in its present form ?

(ii) Whether the parties are legally married husband and wife ?

(iii) Whether the petitioner was treated with cruelty after marriage by the respondent?

(iv) Whether the respondent voluntarily deserted the petitioner?

(v) Whether the petitioner is entitled for the relief of divorce as prayed for on the grounds of cruelty and desertion as contained u/s 13(1)(i-a) and (i-b) of the Hindu Marriage Act,1955?

(vi) Whether the petitioner is entitled for any other relief/reliefs?

4. The evidences have been laid on behalf of both the parties. Thereafter, the judgment has been passed dismissing the suit by holding that plaintiff/husband is not entitled to get relief as claimed.

5. Against the aforesaid Judgment, the present appeal has been filed.

6. Arguments advanced on behalf of the petitioner/appellant:

(i) It has been contended on behalf of the appellant that the learned court below has not considered the materials on record supported and corroborated by the evidence laid by the appellant which clearly make out a case for dissolution of marriage on the ground of cruelty and desertion.

(ii) The learned court below committed an error in not taking into consideration that after marriage solemnized on 30.04.2021, the respo