IN THE HIGH COURT OF JHARKHAND AT RANCHI

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F.A. No.170 of 2024

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Shiv Nandan Prasad, aged about 42 years, son of late Uday Narayan Mandal, resident of Quarter No. 425, Street No. 12, Sector 9B, PO:

Sector 9 & PS: Harla, Bokaro Steel City, District: Bokaro, Jharkhand.

…… Appellant

Versus

Neha Kumari, W/o Shiv Nandan Prasad, D/o Bindeshwari Manjhi, R/o

Village Kusiari, PO: Gokla, PS: Bounsi, District Banka, Bihar.

……Respondent

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

HON’BLE MR. JUSTICE ARUN KUMAR RAI

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For the Appellant(s) : Mr. Subhneet Jha, Advocate;

Mr. Baibhaw Gahlaut, Advocate

For the Respondent(s) : Mr. Arpit Kumar, Advocate;

Ms. Aparna Dubey, Advocate

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Date:20.12.2025

(Per: Sujit Narayan Prasad J.)

1. The instant appeal has been filed on behalf of the appellant under Section 19(1) of the Family Courts Act, 1984 against the order/judgment dated 31.05.2024 [decree signed on 05.06.2024] passed by the learned Principal Judge, Family Court, Bokaro in Original Suit No. 288 of 2023, whereby and whereunder, the said Suit filed by the appellant-husband under the provisions of Sections 13(1)(i-a)(i-b) of the Hindu Marriage Act,

1955 against his wife has been dismissed.

Factual matrix

2. The brief facts of the case as per pleadings made in the instant appeal

needs to be referred herein which reads as under:

It has been stated that marriage of the petitioner was solemnized

with the responded on 28.5.2011 as per Hindu rites and custom. After marriage they lived together as husband and wife. Out of their

wedlock, they have been blessed with two female babies, namely, Shrishti Kumari, aged about 09 years and Anesha Kumari aged about 08 years and both are school going students. During their conjugal life, the respondent wife started some abnormal behaviour. On being asked she stated since before their marriage, she was suffering from mental illness. Her parents got her treated but could not be cured. The appellant/ husband also get her treated at Bokaro General Hospital and also in Ranchi but there was no changes rather her condition deteriorated and quite often she without any rhyme and reason used to abuse him and his family members. Whenever they tried to persuade her, she used to thrash her head. Despite this, he keeping in mind the future of their children, got their children admitted in Ayyappa School, Bokaro but she always used to assault him and their children too. On being persuaded, she became more aggressive and used to abuse. Due to her mental illness, she could not discharge her marital obligations.

It has further been stated that on being informed about death of his mother-in-law, he along with the respondent and the children went to his sasural on 09.08.2019, where on 10.08.2019, the respondent and her family members without any reasonable cause, abused and assaulted him brutally and ousted him and their children from their house with a threatening to face dire consequences if he comes again and since then neither there is any relationship of husband and wife between them nor the respondent take any initiative for restitution of their conjugal rights.

It is alleged that on 10.10.2019, the respondent/wife and her father came to his house, abused him and went away taking her all belongings and never returned. He left no stone unturned to bring her back and lead their conjugal life but all proved futile. She is not ready to lead her conjugal life with him and in future there is no chance of their living together as husband and wife. They are living in desertion for last four years and due to cruel behaviour of the respondent, there is no ray of hope for living together as husband and wife. There is no collusion to file this suit. Cause of action is said to be arisen on 28.05.2011, when their marriage was solemnized and on 10.08.2019, when she left her matrimonial home and on 10.10.2019, when she came to her matrimonial home, left her matrimonial home taking away her all belongings. Therefore, the suit was filed for decree