Allowed¶25

Santoshi Kumari v. Gulshan Kumar Singh @ Gulshan Kumar

Patna HC19 Sept 2025MA/37/2025

Case brief

AI extract

What is this about?

Condonation of 142-day delay; Section 13-B Hindu Marriage Act; divorce by mutual consent; dismissal at admission stage; six-month cooling period expired during pendency; Matrimonial Case No. 260 of 2024; Principal Judge Rohats at Sasaram; alimony full and final settlement Rs. 8 lakhs; decree of dissolution granted on appeal; Patna High Court Miscellaneous Appeal No. 37 of 2025; marriage solemnized 06.05.2023; joint application dated 10.06.2024.

What did the court decide?

Decree dissolving the marriage solemnized on 06.05.2023 by mutual consent, on the basis of the parties' joint application dated 10.06.2024. ¶25

Santoshi Kumari Vs Gulshan Kumar Singh @ Gulshan Kumar — Matrimonial and Divorce | Patna HC (2025)

What the court decided

AI extract

Outcome

Decree dissolving the marriage solemnized on 06.05.2023 by mutual consent, on the basis of the parties' joint application dated 10.06.2024.

¶25

Issue for consideration

Whether the 142-day delay in filing the Miscellaneous Appeal should be condoned. +1 more

¶11

Court's answer

The appellant established sufficient cause for the delay in filing the appeal, and the 142-day delay is condoned.

¶13

Ratio / Principle

It is not in dispute that the Section 13-B application was filed after the expiry of one year of marriage (marriage: 06.05.2023; application: 10.06.2024).

¶20

Key takeaways

The six-month cooling period had already expired during the pendency of the appeal.ratio¶23
This is a fit case where a decree for divorce on mutual consent can be passed.ratio¶24
The marriage solemnized on 06.05.2023 between the parties is dissolved by mutual consent on the basis of their application dated 10.06.2024.ratio

Detailed headnote1 paragraphs

Patna High Court (Bibek Chaudhuri & Dr. Anshuman, JJ.; oral order per Bibek Chaudhuri, J.), Miscellaneous Appeal No. 37 of 2025, decided 19-09-2025. Appeal by the wife against the dismissal (order dt. 19.07.2024, learned Principal Judge, Rohats at Sasaram) of Matrimonial Case No. 260 of 2024, a joint petition under Section 13-B of the Hindu Marriage Act. A 142-day delay in filing the appeal was condoned as sufficient cause was established. The Court observed that the Section 13-B application (filed 10.06.2024; marriage solemnized 06.05.2023) was admittedly made after the expiry of one year of marriage; the trial court had dismissed the case because the parties sought disposal on 19.07.2024 without waiting for the six-month cooling period and no special circumstance for early disposal was made out. Since the six-month cooling period expired during the pendency of the appeal, and Rs. 8 lakhs had already been paid by the husband to the wife as full and final settlement towards alimony, the Court held the case fit for decree, allowed the appeal, and dissolved the marriage by mutual consent on the basis of the parties' application dated 10.06.2024.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.37 of 2025

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======================================================

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Santoshi Kumari Wife of Gulshan Kumar Singh @ Gulshan Kumar, D/o Vijendra Singh @ Munna Singh, Resident of Village- Tendua, P.O.- Nonsari, P.S.- Kargahar, District- Rohtas.

¶4

... ... Appellant/s

¶5

Versus

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Gulshan Kumar Singh @ Gulshan Kumar Son of Bashistt Munni Singh, Resident of Village- Khakhra, P.O.- Mujaradh, P.S.- Kargahar, DistrictRohtas.

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... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Babu Nandan Prasad, Advocate For the Respondent/s : Mr. Bipin Kumar Deo, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)

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4 19-09-2025 The instant appeal is barred by 142 days.

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The appellant has filed an application for condonation of delay.

¶12

We have heard the learned counsels for the appellant and respondent.

¶13

Having heard the learned counsels and on perusal of the grounds mentioned in the application, we are of the view that the appellant is able to establish sufficient cause as to why she was prevented from filing the appeal within time.

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Accordingly, the delay is condoned.

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The instant appeal is taken up for hearing on the point of admission.

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Patna High Court MA No.37 of 2025(4) dt.19-09-2025 2/3

¶17

This is an appeal challenging an order of dismissal of Matrimonial Case No. 260 of 2024 filed by both the parties under Section 13-B of the Hindu Marriage Act by virtue of an order dated 19.07.2024, in the Court of learned Principal Judge, Rohats at Sasaram.

¶18

The appeal was dismissed at the time of admission on the ground that the application under Section 13-B of the Hindu Marriage Act was filed before the expiry of one year of marriage. However, in the application under Section 13-B of the Hindu Marriage act, both the parties stated that there marriage was solemnized on 06.05.2023 and the application for dissolution of marriage on mutual consent was filed on 10.06.2024.

¶19

What weighs for the Trial Court to dismiss the case is that the parties approached the Trial Court to dispose of the application under Section 13-B on 19.07.2024 without waiting for the cooling period of six months. No special circumstance was made out for early disposal of the above numbered matrimonial case.

¶20

It is not in dispute that the application under Section 13-B of the Hindu Marriage Act was filed after the expiry of one year of marriage.

¶21

Patna High Court MA No.37 of 2025(4) dt.19-09-2025 3/3

¶22

The second party has already paid Rs. 8 lakhs to the first party,wife, as full and final settlement towards alimony.

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The cooling period of six months has already expired during the pendency of this appeal.

¶24

Therefore, we are of the view that this is a fit case where decree for divorce on mutual consent can be passed.

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Accordingly, the instant appeal is allowed.

¶26

Marriage between Santoshi Kumari and Gulshan Kumar Singh @ Gulshan Kumar solemnized on 06.05.2023 is dissolved by mutual consent on the basis of their application dated 10.06.2024.

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(Bibek Chaudhuri, J.)

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( Dr. Anshuman, J.)

¶29

Jyoti Kumari/- U

Santoshi Kumari v. Gulshan Kumar Singh @ Gulshan Kumar

Case brief

What is this about?

What did the court decide?

Santoshi Kumari v. Gulshan Kumar Singh @ Gulshan Kumar

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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