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2025 Supreme(Online)(Jhk) 4299

HIGH COURT OF JHARKHAND
MANJU DEVI – Appellant
Versus
RAMESH KUMAR MANDAL – Respondent
FA 114 / 2025



IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No. 114 of 2025 Manju Devi aged about 41 years, w/o Ramesh Kumar Mandal, D/o

1.

Sitaram Saw, R/o Village- Haria, PO-Dhamni, PS-Madhupur, District-

Deoghar … … Appellant/ Respondent Versus Ramesh Kumar Mandal, S/o Sri Jageshwar Mandal, R/o Village-

Paikdih,P.O & P.S-Jamtara, District-Jamtara … …Respondent/ Petitioner -------

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

For the Appellant : Mr. Mohan Kumar Dubey, Advocate Mr. Roushan Mishra, Advocate For the Respondent : Mr. Akash Bhushan, Advocate ----------------------------

Order No.09/ Dated:10th December 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 01.10.2024 passed by the learned Principal Judge, Family Court, Jamtara in Original Suit No. 152 of 2023, whereby and whereunder, the petition filed under Section 13(1) (i-a)(i-b) and 13(1A) (ii) of the Hindu Marriage Act, 1955 by the petitioner/respondent seeking a decree of divorce against his wife, has been allowed.

2. The brief facts of the case leading to filing of the divorce petition by the husband needs to be referred herein as under:

(i) The marriage between the appellant and the respondent was solemnized on 12.05.1995 at Lord Shiva Temple, Deoghar as per Hindu rites and custom.

(ii) After the marriage, both parties lived together as a husband and wife at village- Harla, P.S. Madhupur, District- Deoghar and at Pakdih, Jamtara, P.S and District-Jamtara. After the marriage, the respondent come to the house of the petitioner and remained there only few days and their marriage was consummated. Thereafter the brother-in-law of the respondent, namely, Sukdeo Prasad Mandal S/o Jageshwar Mandal, resident of Kolhore, P.S. Karon, District- Deoghar took away her to her “Naihar”.

(iii) Again, the respondent came to the house of petitioner after purification of days on 10.08.1995 and began to live with petitioner and his family members, but after three months, on the instigation of her father, mother and brother-in-law, the respondent began to say that either she will live separately from other family members or will leave at her "Naihar" and started pressurizing the petitioner to live as a "Ghar-Jamal" in the house of his parents at Ram Nagar Colliery No.2, P.O.

Pandeshwar, District-Burdwan.

(iv) Further, the petitioner has stated that the petitioner being the eldest son of his parents and there is none in the house of the petitioner to look after the old parents and household affairs, as such, the petitioner refused to live as a "Ghar-Jamai" and when the petitioner requested to live separately from his parents and also refused to live as "Ghar-Jamai", then the respondent started torturing attitude against the old sick parents of the petitioner by abusing and stopping meal and other daily uses articles to them.

(v) The further case of the petitioner is that the petitioner working at Nab Kajra under ECL Authority within P.S Andal as a loader. Whenever the petitioner used to go to his working place, the respondent in absence of the petitioner used to flee away to her brother-in-law's house at village Kolhora, P.S.-Karon, District- Deoghar, without the consent and permission of the petitioner and his parents with valuable articles from the petitioner's house.

(vi) It is further case of the petitioner that several panchayati were held and after each panchayati, the petitioner brought the respondent to his house but just after 10 days or 15 days, she used to flee away to her "Naihar" or brother-in-law's house at Kolhore, P.S. Karon, District- Deoghar.

(vii) The petitioner has further stated that he tried his best to understand the respondent but the respondent did not amend herself, i.e., her habit and seeing no alternative, the petitioner took the respondent to his working place at Nabo Kajra colliery, but from there the respondent used to flee away to her “N

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