The husband appealed the dismissal of his divorce suit claiming non-consummation and cruelty. The High Court, relying on hotel records and photos submitted by the wife proving cohabitation, found no evidence of cruelty or non-consummation. The appeal was dismissed, affirming the trial court's decree.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.53 of 2023
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Namo Narayan Choubey, Son of Sri Ram Chaubey, Resident of VillagePandey Patti, Police Station- Buxar (Mufassil), District- Buxar.
... ... Appellant/s
Versus Priyanka Devi @ Babli, D/o Vishnudutt Dubey, Resident of Village- Nadao, Police Station- Buxar (Mufassil), District- Buxar.
... ... Respondent/s
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Appearance : For the Appellant/s : Mr.Sanjay Kumar, Advocate For the Respondent/s : Mr.Arvind Kumar Pradhan, Advocate
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI and
HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
13 24-03-2026
The instant matrimonial appeal under Section 19 (1) of the Family Court’s Act has been filed by the husband of one Priyanka Devi @ Babli assailing a judgement and decree of dismissal of Matrimonial Case No. 129 of 2014 filed by the husband / appellant, namely, Namo Narayan Choubey praying for dissolution of marriage by a decree of divorce against the respondent / wife.
that the marriage of the appellant was solemnized with the respondent according to Hindu Rites and Ceremonies on 2nd of June, 2013 at Buxar. After marriage, the appellant and his newly wedded wife came to his house on 3rd of June, 2013.
Patna High Court MA No.53 of 2023(13) dt.24-03-2026 2/6
Immediately after marriage, the respondent disclosed that her father gave marriage of the respondent with the appellant to save his social prestige. The respondent had already married to another person and she is having her husband. From the very beginning, the appellant noticed that the respondent was talking to some unknown person over her mobile-phone. Further case of the appellant is that his marriage with the respondent was not consummated. The respondent used to threaten her husband saying that she would dissolve her marriage by divorcing him. Once the respondent also tried to commit suicide by cutting veins of her own hand. Hearing the said incident, the father of the respondent disowned her and finally on 10th of August, 2013, the respondent left her matrimonial home without knowledge and consent of the appellant.
Patna High Court MA No.53 of 2023(13) dt.24-03-2026 3/6
drove her away from her matrimonial home. The father and other relatives of the respondent visited the matrimonial home of the respondent time and again to settle the dispute amicably but failed. Even on 14th of July, 2014, the father of the respondent took her to her matrimonial home but the appellant and his family members did not allow them to enter into the house. As the respondent was physically tortured by the appellant and the other matrimonial relation, she was compelled to lodge a complaint under Section 498A of the IPC against the appellant on 14th of July, 2014.
“Issues:
On the basis of pleading of both the parties following issues were settled on 20.04.2017:-
(I) Whether this matrimonial case as framed is maintainable:?
(II) Whether the petitioner has got vaild cause of action to file this case ?
(III) Whether the petitioner was subjected to cruelty by the opposite party?
(IV) Whether the opposite party has illicit relation with others prior to the marriage?
(V) Whether the petitioner is entitled for a decree of divorce?
Patna High Court MA No.53 of 2023(13) dt.24-03-2026 4/6
(VI) To what other relief or reliefs, if any,
the petitioner is entitled to?”
himself deposed as P.W. 1 and P.W. 2 respectively. On behalf of the respondent, the respondent herself deposed as witness no. 3. Witness no. 1 and 2 are parents of the respondent and witness no. 4 is one Ravi Kumar, a neighbor of the paternal home of the respondent.
Patna High Court MA No.53 of 2023(13) dt.24-03-2026 5/6
during pendency of the matrimonial case. The respondent in course of his evidence stated on oath that during the pendency of the matrimonial case, the appellant brought her to a hotel at Patna and stayed there as husband and wife. In order to prove the said fact, the respondent submitted the copy of the register of the hotel and also photographs with pen-drive to show that both the parties were sleeping together in a bed.
Patna High Court MA No.53 of 2023(13) dt.24-03-2026 6/6
respondent wants to maintain her marital tie as a mark of recognition of her marriage.
cost.
(Bibek Chaudhuri, J)
( Chandra Shekhar Jha, J)
uttam/-
U
1 issue framed by the court
Whether the appellant established grounds for divorce under Section 13 of the Hindu Marriage Act, specifically non-consummation or cruelty?
3 provisions across 3 enactments
Namo Narayan Choubey
Priyanka Devi @ Babli
Bibe Chaudhuri
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
