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Neutral Citation No. ( 2026:JHHC:32222-DB )

IN THE HIGH COURT OF JHARKHAND AT RANCHI First Appeal No. 23 of 2024 Surendra Kumar Thakur, Aged about 41 years, son of Dasrath Thakur, Resident of Village Old Cinema Hall, Palihari, Gurudih, P.O. & P.S.

Gomia, District Bokaro. …. ... Appellant Versus

1. Babita Devi @ Baby Devi, Aged about 31 years, wife of Surendra Kumar Thakur, Daughter of Gaur Thakur, Resident of Village Old Cinema Hall, Palihari, Gurudih, P.O. & P.S. Gomia, District-Bokaro, At present resident of Village Dumra (Jamua Tand, P.O. Dumra, P.S.

Baghmara, District Dhanbad.

2. General Manager, Indian Explosive. Pvt. Ltd., At + P.O. IEL Gomia, P.S. IEL, District Bokaro, PIN 829112, Jharkhand.

…. ... Respondents ---------

CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE MANOJ PRASAD ---------

For the Appellant : Mr Atanu Banerjee, Advocate For the Respondent No.1 : Mr Ranjan Kumar, Advocate For the Respondent No.2 : Mr Ashwini Bhushan, AC to Sr.SC-II ---------

Reserved on: 07/10/2026 Pronounced on:03/11/2026 Per: Manoj Prasad, J.

1. Heard Mr Atanu Banerjee, learned counsel appearing on behalf of the appellant-husband; Mr Ranjan Kumar, learned counsel appearing on behalf of the respondent No.1-wife; and Mr Ashwini Bhushan, learned AC to Sr.SC-II, appearing on behalf of the respondent No.2-

State.

2. The present First Appeal has been filed by the appellant-husband under Section 19(1) of the Family Courts Act, 1984, impleading the wife as respondent No.1 and respondent No.2 (IEL), who has been made a party to this proceeding under the orders of the court. This appeal challenges the judgment dated 30.11.2023 and the decree dated 07.12.2023 passed by the learned Additional Principal Judge, Additional Family Court, Bermo at Tenughat, Bokaro, in Original Suit No.132 of 2021, whereby the petition for dissolution of marriage by a decree of divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act, 1955”) was dismissed.

3. The brief facts of the case are that the marriage between the parties was solemnised on 30.04.2005 in accordance with Hindu rituals. After marriage, they lived together as husband and wife in village Gomia, District Bokaro, and had two children out of wedlock, namely one son and one daughter. It is stated that after marriage, the respondent-wife came to her matrimonial home but never sought to establish a marital relationship with the petitioner and always kept her distance from her husband, stating that she did not like him. However, through the efforts of the present appellant, the marital relationship somehow continued between the parties. It is alleged that the respondent-wife tried to create disturbances in the matrimonial life and also disregarded her in-laws. Thus, the appellant was tortured both physically and mentally on account of the ill-behaviour and short temper of the respondent-wife, who used to talk continuously on her husband’s mobile phone with some other male person, resulting in disputes and quarrels between the parties. It is alleged that the respondent was a lady of suspicious character. It is further alleged that on 15.04.2015, the respondent left the house of the appellant without informing her in-laws and went to her parental home at Jamua Tand, P.S. Baghmara, District Dhanbad, and since then she has been residing with her parents. The appellant went several times to her in-laws’ house to get the matter settled and for restitution of conjugal rights, but to no effect. Hence, a prayer has been made for dissolution of marriage by decree of divorce.

4. After appearance, the respondent filed a show cause-cum-written statement before the learned Trial Court, stating that the parties were legally married husband and wife, and that the marriage was solemnised on 30.04.2005. The marriage was also consummated, and a son and a daughter were born out of wedlock. The respondent further stated that she fully co-operated in maintaining