Dismissed

Dilip Kumar Choudhary v. Pramila Devi

Patna HC28 Apr 2015MA/791/2012

Case brief

AI extract

What is this about?

In this matrimonial appeal, the Patna High Court dismissed the husband's appeal against the dismissal of his divorce suit filed under Section 13 of the Hindu Marriage Act. The court upheld the lower court's refusal to grant a decree because the appellant failed to prove cruelty with specific instances and failed to establish adultery by not impleading the alleged accomplice as a party.

What did the court decide?

Proceeding (Miscellaneous Appeal No. 791 of 2012) dismissed by the Court.

Dilip Kumar Choudhary Vs Pramila Devi — Matrimonial and Divorce | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Miscellaneous Appeal No.791 of 2012

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=========================================================== Dilip Kumar Choudhary S/o late Anirudh Prasad Choudhry, R/o village – Jabra, P.S. Baunsi, District - Banka

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.... .... Petitioner/Appellant Versus Pramila Devi W/o Dilip Kumar Choudhary, D/o Kamleshwari Choudhary, R/o Village Chirauta, P.S. Belhar, Dist. Banka .... .... Defendant/Respondent

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=========================================================== Appearance :

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For the Appellant/s : Mr. For the Respondent/s : Mr.

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=========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA

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and

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HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE V.N. SINHA) Date: 28-04-2015

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Having considered the averments made in I.A. No. 4460

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of 2013, we condone the delay in filing the present appeal.

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I.A. No. 4460 of 2013 is allowed.

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Husband is the appellant. He has filed this appeal assailing the impugned judgment dated 13.09.2012 passed by 1^st Additional District Judge, Banka in Matrimonial Case No. 9 of 2005 whereunder his suit for divorce filed under Section 13 of the Hindu Marriage Act, 1955 on the ground of cruelty and adultery has been dismissed.

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The ground of cruelty failed because no concrete instance of wife being cruel to the appellant- husband could be asserted and proved. The charge of adultery failed as the person with whom wife was in adultery was not even impleaded as partyrespondent in the case. The court below having framed four issues in

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Patna High Court MA No.791 of 2012 dt.28-04-2015

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2/2

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paragraph 4 of the impugned judgment recorded finding with respect to each of the issues, namely, adultery in paragraph 6 and held that appellant did not deposit the cost of D.N.A. test to be performed on his two sons who according to the appellant has been fathered by one Bhola Choudhary with whom wife had illicit connections, the court below rejected the ground of adultery. Specific instance of cruelty having not been pointed out, only general allegation made that there used to be hot altercation between the couple cannot establish cruelty on the part of the wife.

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I see no reason to interfere with the impugned judgment. The appeal is dismissed.

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It is submitted on behalf of the appellant that he has been ordered to pay maintenance amount of Rs. 2,000/- per month in the present proceeding, which he has been regularly depositing in the court below.

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Let the court below ensure that respondent-wife is allowed to withdraw the amount of maintenance deposited by the appellant-husband on regular basis.

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(V.N. Sinha, J.)

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(Nilu Agrawal, J.)

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Arjun/U T

Dilip Kumar Choudhary v. Pramila Devi

Case brief

What is this about?

What did the court decide?

Dilip Kumar Choudhary v. Pramila Devi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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