IN THE HIGH COURT OF JHARKHAND AT RANCHI First Appeal No.71of 2023 Om Prakash Choudhary aged about 42 year son of Ramayan Choudhary resident of sector 8/C, Quarter no. 1116, P.O. Sector 9 and P.S. Harla, District Bokaro, Jharkhand. … Appellant/Petitioner Versus Renu Kumari Wife Om Prakash Choudhary daughter of Late Shankar Prasad resident of sector 9/D, Quarter no.

481, P.O. Sector 9 and P.S. Harla, Bokaro, Jharkhand.

… …Respondent/Respondent -------

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

For the Appellant : Mr. Ashutosh Joshi,Advocate For the Respondent : Mr. Subhneet Jha, Advocate ----------------------------

Order No. 17/Dated: 5^th December, 2025 Per Sujit Narayan Prasad, J.

Prayer:

1. The instant appeal under Section 19(1) of the Family Court Act, 1984 is directed against the order/judgment dated 10th November, 2022 and decree signed on 18th November, 2022 passed by the learned Principal Judge, Family Court, Bokaro in Original Suit No. 209 of 2019, whereby and whereunder, the suit filed by the petitioner-appellant [husband] for dissolution of marriage by decree of divorce u/s 13(1)(i-a)(i-b) of Hindu Marriage Act, 1955 against respondent/wife, has been dismissed. Factual Aspect

2. The brief facts of the case leading to filing of the divorce petition by the appellant-petitioner, as taken note in the impugned order as emanated from the plaints, needs to be referred herein, which as under:

3. The marriage of the appellant was solemnized with the respondent on 07.07.2011 as per Hindu rites and custom at Bokaro. After marriage, they lived together as husband and wife. They have been blessed with two sons namely, Anurag Kumar, aged about 05 years and Ashutosh Kumar, aged about 03 years, the age at the time of filing of the suit.

4. It is the case of the appellant-husband that after two years of their marriage, the respondent-wife without any reasonable cause started quarreling with him and his family members and went to her parents‟ home without any information. It is further alleged though the respondent-wife is a Teacher working in Kasturva Gandhi Girls School, Raneshwar, Dumka since 2010 and getting salary of Rs.30,000/-per month, but she is not spending a single penny in his house and gives her salary to her parents. It has been stated that he tried to keep her properly and happily, in spite of that, she used to quarrel with them. He incurred all the expenses during birth of their babies. In spite of that, she on being instigated by her family members, subjected him with cruelty and torture. The further case of the appellant-husband is that he used to go Dumka, the workplace of the respondent, but she does not permit him [husband] to stay there. On 10.02.2017, after birth of second baby, she left her matrimonial home without any information taking away her all jewelleries, clothes and Stridhan. Thereafter, he tried his level best to bring her back but in vain. Several times, he went to his sasural to meet with their son, but he was not allowed to meet his son. Both the children are living with the respondent. Elder son is living with his maternal grand-mother at Bokaro and the younger son is living with the respondent at Dumka. It has been stated that family counseling was held, where the respondent appeared on 09.04.2019, but she is not ready to live with him.

5. Therefore, it has been contended that there is no chance of living together as husband and wife with the respondent, so left with no option the appellant-husband filed the suit for divorce making a prayer for decree for dissolution of marriage in favour of the petitioner.

6. The respondent-wife appeared before the learned family court and denied the allegations leveled by the Petitioner, the appellant herein. It has been contended that the petitioner and his family members used to demand her whole salary from the respondent. When she denied, he threatened to get her divorced and to solemnize another marriage and left her fo