The court affirmed the grounds of cruelty and desertion for divorce, highlighting the necessity for proper assessment of financial circumstances for alimony under Section 25 of the Hindu Marriage Act.

JUDGMENT

(Per: HONOURABLE MR. JUSTICE S. B. PD. SINGH)

Date : 18-09-2025

Heard the parties.

2. The appellant-wife (Nitu Kumari) has come up in this appeal against judgment and decree dated 25.08.2018 passed by the learned Principal Judge, Family Court, Bhagalpur in Matrimonial Case No. 368 of 2014, whereby the petition filed by the respondent-husband (Munna Prasad) under Section 13 of the Hindu Marriage Act, 1955 (in short 'the 1955 Act') seeking dissolution of marriage by a decree of divorce, has been allowed and he was directed to pay Rs. 2 lakhs to the appellant-wife as permanent alimony.

3. Succinctly, the marriage of appellant-Nitu Kumari was solemnized with respondent-Munna Prasad Singh on 01.03.2012 as per Hindu rites and ceremonies. The marriage was duly consummated; however, no child was born out of the wedlock.

4. The pleaded case of respondent-husband in his petition filed before learned Family Court is that respondent is Government Servant and working as Junior Engineer in the Electricity Department of Government of Bihar and presently posted at Sabour in Bhagalpur. At the time of marriage, the respondent was posted in Bettiah, hence, after marriage, the respondent took the appellant at his place of posting at Bettiah and they both started living a happy married life for some days. Thereafter, the appellant went with her father along with all her belongings to Bhagalpur. The respondent made several attempt to bring the appellant back to her matrimonial house but all his attempts went in vein since appellant refused to join him. Ultimately the respondent filed a case on 17.07.2012 under Section 9 of the Hindu Marriage Act for restitution of conjugal life. In the aforesaid case, in spite of service of notice and gazetted publication, the appellant did not appear before the Family Court. Hence, learned Principal Judge, Family Court, Bettiah passed the order on 18.12.2013 directing the appellant to join the respondent within two months. Several months have elapsed but the appellant did not choose to join her husband. In the meanwhile, she has filed Complaint Case No. 2273 of 2012 on 04.10.2012 under Section 498(A) and other provisions of the Indian Penal Code . She has also filed Miscellaneous Maintenance Case No. 154 of 2012 under Section 125 of the Cr.P.C claiming maintenance in which learned Principal Judge, Family Court, Bhagalpur allowed ad-interim maintenance of Rs. 3000/- per month on 03.09.2013. The case was decided on 25.08.2018 and since then the respondent was directed to pay Rs. 10000/- per month as maintenance to the appellant-wife. The respondent-husband made every possible efforts to bring the appellant-wife back to her matrimonial house but all his efforts were went in vein. The matrimonial relation between the appellant and respondent has already irretrievably broken down and there is no hope of restoration of their conjugal life.

5. The appellant-wife has appeared in pursuance to the notice issued to her and filed her written statement. In her written statement, she has denied all the allegations made against her. She has stated that the matrimonial case is not maintainable either on fact or law and the respondent has got no cause of action to file this case. The respondent- husband has no interest to continue conjugal relationship with the appellant. Soon after marriage, the appellant-wife was tortured for two katthas of land in Bhagalpur. The respondent-husband himself deserted the appellant-wife and did not make any concrete effort to