IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No.105 of 2023 ----- -

Jitendra Kumar, aged about 33 years, son of Vishwanath Choubey, resident of Qrs. No. 32, Street-09, B.S.L, L.H., P.O. - Siwandih, P.S. - B.S. City, Bokaro, District - Bokaro, Jharkhand. … … Appellant Versus Priyanka Devi, aged about 28 years, wife Jitendra Kumar, daughter of Satyendra Pathak, present resident of village Pathak Semri, P.O. - Raipur Chor, P.S. - Sheosagar, District -

Sasaram, Bihar. … … Respondent P R E S E N T HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI …..

For the Appellant : Mr. Ashok Kumar, Advocate For the Respondent : Ms. Sharda Kumari, Advocate : Mr. Aditya Kumar, Advocate …..

C.A.V. on 03.12.2025 Pronounced on 10/12/2025 Per Sujit Narayan Prasad, J.

Prayer:

1. The instant appeal has been filed challenging the legality and propriety of impugned judgment passed on 31.03.2023 and decree signed on 12.04.2023 by learned Principal Judge, Family Court, Bokaro whereby and whereunder the Original Suit No.78 of 2019 filed by the appellant-husband under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 for a decree of divorce has been dismissed.

Factual Matrix

2. The brief facts of the case of the appellant-husband as narrated in the plaint, is that the marriage of appellant with the respondent was solemnized on 28.05.2013 as per Hindu rites and custom in the parents’ house of the respondent.

3. After marriage, they lived together as man and wife at Bokaro. Out of their wedlock, they have been blessed with a female baby viz, Vaishnavi on 10.11.2015.

4. The appellant is an employee of C.I.S.F. He is the only breadwinner of his family. His wife used to live with his family members at Bokaro. During her stay in his house, she used to harass his parents by various means.

5. On 01.07.2018, keeping naphthalene on her hand, the respondent lit fire and threatened to implicate the parents of the appellant in false case. She also instigated him (petitioner/ appellant herein) against his parents on phone and made false complaint against his parents.

6. The respondent levelled false allegations against the character of his younger brother and called him insane too. She also pressurized him to live separately with her and threatened to implicate them in Dowry Prohibition Case.

7. On 09.06.2018, the appellant without any information came to his house and came to know from neighbours that his wife abuses his whole family members.

She also hatched conspiracy to live separately with him.

8. Thereafter, the appellant tried to persuade the respondent but she threatened to get him dismissed from his service. She also falsely alleged about having his illicit relationship with his mother and Bhabi. Hearing such inhuman allegations, his mother died on 29.08.2018 due to heart attack. She also told him that he should die so that she could be the inheritor. Even her parents also used to support her.

9. On 12.09.2018, she went to his maternal parents house, so that she could prevail good sense, but on 08.01.2019, she pressed neck of his old aged maternal grand-mother. However, due to intervention of his elder brother viz. Ajay Kumar Tiwari, her life could be saved. The respondent also tried to kill his brother sprinkling kerosene and lighting him on fire. Thereafter, his brother Ajay Kumar Tiwari made a complaint to her parents, but they even threatened to teach them a lesson.

10. On 10.01.2019, she abused his maternal grand- mother and went to her parents’ home taking away jewelries of his Bhabi, including cash amounting Rs.50,000/- and also threatened to implicate in false case. Since then, her parents and relatives used to threaten them on phone to implicate in false case. Due to such cruelty and torture by his wife, no alternative is left but to take divorce from his wife.

11. On these grounds, prayer has been made to pass a decree for dissolution of marriage in favour of the petitioner.

12. After service of summon, the respondent-wife has appeared and