IN THE HIGH COURT OF JHARKHAND AT RANCHI

First Appeal No.65 of 2021

-----

Rambha Kumari, aged about 35 years, daughter of Harish Chandra Rai, wife of Rajesh Choudhary, resident of Kunwar Singh Road, New Olidih,

P.O. Mango, P.S. Olidih, District East Singhbhum at Jamshedpur.

.......… Appellant/Defendant

Versus

Rajesh Choudhary, son of Ram Bihari Choudhary, resident of Chhaya Nagar, P.O. & P.S. Sitaramdera, District East Singhbhum at Jamshedpur, permanent resident of Lane No. 3B, Road No. 3, Subhash Colony, P.O.

Mango, P.S. Olidih, District East Singhbhum at Jamshedpur.

......... Respondent/Plaintiff

-------

CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

HON’BLE MR. JUSTICE ARUN KUMAR RAI

-------

For the Appellant : Mr. Rahul Kumar, Advocate

For the Respondent : Mr. Bhashwat Prakash, Advocate

Mr. Anurag Kashyap, Advocate

------

C.A.V on 05.12.2025 Pronounced on 18/12/2025

Per Sujit Narayan Prasad, J.

1. The instant appeal under section 19(1) of the Family Courts Act, 1984 is directed against the judgment dated 07.10.2021 and the decree dated 01.11.2021 passed in Original Suit No.548 of 2015 by the learned Principal Judge, Family Court, Jamshedpur, East Singhbhum (in short, Family Judge) whereby and whereunder the petition filed under section 13 (1) (i) (i-a) (i-b) of the Hindu Marriage Act, 1955 by the respondent- husband against the appellant-wife, has been allowed by granting a decree

of divorce in favour of the respondent-husband.

2. At the outset, it requires to refer herein that vide order dated 15.09.2022 passed by this Court, the present matter was referred for mediation at JHALSA. But as per the report of learned Mediator,

JHALSA bearing letter no. 2677 dated 27.09.2022 the mediation between the parties had failed.

3. Thereafter, vide order dated 17^th July, 2025 matter was again referred before the Mediator under the Special Mediation Drive-Mediation ‘For the Nation’. As per the mediation report dated 09.10.2025, due to absence of both the parties Mediation is set to be non-started.

4. Further from perusal of order dated 12^th September, 2025 it is evident that on the prayer of learned counsel for the parties matter was referred for Lok Adalat which was scheduled on 13^th September, 2025, for ready reference the order 12^th September 2025 is being quoted as under:

Order No.07/Dated: 12^th September, 2025

1. The learned counsel appearing for the respondent submits that he wants to live with the appellant-wife.

2. The learned counsel appearing for the parties have submitted that this matter may be referred to the Lok Adalat.

3. Accordingly, the present matter is being referred to the Lok Adalat scheduled to be held tomorrow, i.e., on 13th September, 2025.

4. Parties are directed to appear before the Lok Adalat.

5. But again, the mediation between the parties failed and, accordingly, the instant appeal was listed “for hearing” on 05.12.2025. On that day the instant appeal was heard at length and on conclusion of hearing the instant appeal was reserved for adjudication on merit.

Factual Matrix

6. The brief facts of the case as pleaded in the plaint having been recorded by the learned Family Judge, needs to be referred herein as:

(i) The case is that the appellant-wife was was married to the respondent-husband in accordance with Hindu rites and customs on 27.04.2009 at Jamshedpur.

(ii) The respondent-husband is an Advocate, practicing in the Civil Court, Jamshedpur and he is suffering from physical deformity by birth in his right hand as well as in his left leg after a road accident.

(iii) The marriage between the respondent-husband and appellant-wife was solemnized after due enquiry made by the family of appellant-wife and after being satisfied that deformity would not imperil the normal life of the parties. The said marriage was an arranged marriage after due thought.

(iv) The further case is that after solemnization of marriage appellant-wife came to the house of respondent’s father in Subhas Colony, Mango, Jamshedpur, where the respondent-husband used to live