The High Court dismissed the husband's appeal against the Family Court's rejection of his divorce petition. The lower court found the grounds of desertion and adultery unproven. The High Court held there was no merit in the appeal and dismissed it with costs.
Appeal dismissed with the cost of Rs. one lac to be given to the wife.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.585 of 2012 ====================================================== Shiv Shankar Thakur .... .... Appellant/s Versus Pinki Kumari & Anr. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sunil Srivastava For the Respondent No. 1 : Mr. Mukesh Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE V.N. SINHA) 8 27-04-2015 Heard learned counsel for the appellant- husband and learned counsel for the respondent- wife. 2. This appeal has been filed by the husband, as he is aggrieved by the judgement dated 16th July, 2012 passed by the Principal Judge, Family Court, Vaishali in Original Suit (Divorce) Case No. 13/2002 rejecting the petition to dissolve his marriage with Respondent No. 1 on the ground of desertion and adultery. The ground of desertion is raised asserting that Respondent No. 1 came to her parental home on 24.03.2001. In this connection, learned Principal Judge with reference to dates mentioned in paragraph-13 has concluded that the Respondent No. 1- left her matrimonial home on 24.03.2001 and the present suit was filed on 31.01.2002 i.e. within ten months of Respondent -1 leaving her Matrimonial Home. The allegation that the wife deserted the husband could not have been raised and proved within ten months of Respondent-1 leaving the matrimonial home.
Patna High Court MA No.585 of 2012 (8) dt.27-04-2015
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that wife was leading an adulterous life with Shri Pramod Kumar Rai has also not been proved as the letter dated 23.03.2001, Exhibit A and other letters, mentioned at pages -11 and 12 have been recovered by the appellant behind the back of his wife from an Almirah, keys whereof was with the husband throughout.
(V.N. Sinha, J)
(Nilu Agrawal, J)
Sudha/U T
3 issues framed by the court
Whether the appeal challenging the rejection of divorce petition on grounds of desertion and adultery should be entertained.
Whether the evidence regarding desertion within ten months and adultery was sufficient for the lower court to grant divorce.
Whether the limitation petition for delay in filing the appeal should be condoned.
Shiv Shankar Thakur
Pinki Kumari
V.N. Sinha
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
