IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No.74 of 2022 ----- -

… … Petitioner/Appellant Versus . … … Respondent/Respondent P R E S E N T HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE RAJESH KUMAR …..

For the Appellant : Mr. Ankit Vishal, Advocate For the Respondent : Mr. Satish Kumar Keshri, APP.

…..

C.A.V. on 30.04.2025 Pronounced on 10/06/2025 Per Sujit Narayan Prasad, J.

Prayer:

1. The instant appeal has been filed challenging the legality and propriety of impugned judgment passed on 30.06.2022 and decree signed on 08.07.2022 by learned Principal Judge, Family Court, Chatra whereby and whereunder the Original Suit No. 29 of 2019 filed by the petitioner-appellant-husband under Section 13(1), (i-a), (i-b) & iii 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, is that, his marriage with the respondent-wife was solemnized as per Hindu rites and customs on 16.02.2017 and after her marriage and upon her Vidai, the respondent-wife came to reside at her matrimonial house.

3. After a brief period of stay, the respondent-wife began to complain about pain in her abdomen and told the appellant that she was suffering from abdominal pain since before marriage and after taking injection the pain used to subside.

4. The appellant, who was working in Delhi in a private job, had taken the respondent-wife along with him to Delhi, where he took his wife to a hospital for treatment, where MRI was performed and in the scan a tumor was detected in the womb of the wife. As per the medical advice, when the appellant got his wife admitted in a hospital at Delhi, then the father and the brother of the wife refused to get her operated upon at Delhi and stated that they would get the respondent-wife treated on their own.

5. It has been stated by the appellant that the parents and brother of the respondent-wife had got the respondent married to the appellant through fraud after active concealment of illness.

6. The appellant has also stated that since the operation was not performed, the respondent-wife would always threaten the petitioner of committing suicide.

7. It has been further stated that respondent-wife used to abuse him and inflicting physical blows and quarrels with the appellant.

8. It has also been stated that in May, 2017, while the respondent-wife was staying with the appellant at Delhi, then without informing the appellant, she slipped out of the appellant’s house and remained missing for two days during which frantic searches were made by the appellant and the respondent-wife returned to appellant’s house on her own after two days.

9. Thereafter, appellant brought his wife back to his native place in Chatra (Jharkhand) and entrusted the responsibilities of his wife to his parents and other inmates of the house, but the respondent-wife continued to behave rudely and ill-treated her parent-in-laws and other family members and was very harsh and nasty with them. Several times, she tried to set herself on fire, which was prevented by the parents of the appellant. Then, the parents of the respondent-wife were informed who, accompanied by few members of the society, visited appellant’s house and took away the respondent-wife from her matrimonial house and since then respondent-wife is continuously staying with her parents at her parental house.

10. It is the case of the petitioner that marital life of the appellant has got utterly spoilt and meaningless since there has been virtually no physical relations and cohabitation between the appellant and the respondent-wife since after six months of marriage and as the wife was living in her parental house, the petitioner did not enjoy companionship or cohabitation with his wife which has made his marriage a mockery and he has been subjected to the social ridicule.

11. The appellant has categorically asserted in his plaint that since more than one and half years as on the date of filing