2026:JHHC:21872-DB

IN THE HIGH COURT OF JHARKHAND AT RANCHI

First Appeal No.180 of 2023

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Hari Lal Pramanik, aged about 41 years, son of Ramchandra

Pramanik, resident of Village-Kounge, PO-Ranchi University, P.S-

Kanke, District-Ranchi .......… Petitioner/Appellant

Versus

Shivani Kumari, aged about 31 years, daughter of Sri Biren

Pramanik, wife of Hari Lal Pramanik, resident of Village-Buruhatu,

PO & PS-Ichagarh, District-Saraikela Kharsawan, Jharkhand

……. Respondent/ Respondent

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Appellant : Mr. Rahul Pandey, Advocate

For the Respondent : Mr. Mahesh Tewari, Advocate

Mr. Abhishek Kumar Dubey, Advocate

Mr. Shwetang Kr. Tiwari, Advocate

Mr. Sanjay Kr. Saw, Advocate

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C.A.V on 03.07.2026 Pronounced on 23/07/2026

Per Sujit Narayan Prasad, J.

1. The instant appeal under section 19(1) of the Family

Courts Act, 1984 is directed against the judgment dated 06.05.2023

and the decree signed and sealed on 15.05.2023 passed in Original

Suit No.194 of 2017 by the learned Principal Judge, Family Court,

Ranchi (in short, Family Judge) whereby and whereunder the

petition filed under section 13(1) (i-a) of the Hindu Marriage Act,

1955 by the appellant-husband against the respondent-wife has

been dismissed.

2. The brief facts of the case as pleaded in the plaint having

been recorded by the learned Family Judge, needs to be referred

herein as:

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(i) The case of the petitioner/appellant is that he was married

with the respondent on 11.05.2014 at Ichagarh, Saraikela-

Kharsawan.

(ii) After the marriage both the parties started living as husband

and wife and out of the said wedlock, the couple was blessed

with a female child namely, Deepa on 07.02.2015.

(iii) It has been alleged that since the very inception of the

marriage behaviour of the respondent-wife towards the

petitioner-husband was very bad and cruel. During stay at

matrimonial house behaviour of the respondent-wife was not

cordial and she never cared to do household chores.

(iv) The respondent-wife refused to cohabit as she was having

illicit physical relations with number of people prior to her

marriage and was not interested to cohabit with him.

(v) The respondent-wife was not ready to live with her mother-

in-law. She asked the petitioner that if a separate

accommodation is provided then she is ready for

cohabitation.

(vi) Under compelling circumstances and quarrelsome nature of

the respondent-wife, the petitioner husband shifted to a

rented house at Gauri Shankar Nagar, North Office Para,

Doranda, Ranchi leaving behind his widow mother alone in

parental house but behaviour of the respondent-wife did not

change and she was continued to talk with another person.

(vii) The petitioner informed about the act of the respondent-wife

to her parents to resolve the dispute but parents of the

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respondent- wife told that "HUMLOG TO SAB JANTE HAI

KE MERI BETI KA PAHLE ΚΑΙ LOGO SE GALAT

RELATION HAI LEKIN AB HUMLOGO NE APANA PIND

USKI (RESPONDENT) TUMEHRE SATH SADI KARKE

CHURWA LIYA HAI AB HAMLOG KUTCH NAHI JANTE

HAI AB TO TUMHEE USI KE SATH JIVAN NIBHANA

HOGA" which was very shocking for the petitioner.

(viii) It has further been alleged that the respondent wife used to

quarrel on petty matters and never take care of the petitioner-

husband. Meanwhile the respondent-wife got pregnant and

when the respondent- wife came to know that she is pregnant

then started saying that she does not want to keep the baby

and wanted to abort it.

(ix) Surprisingly enough the respondent-wife started assaulting

and abusing the petitioner- husband and she tried to commit

suicide. The petitioner-husband again informed about

behaviour of the respondent-wife to her parents, thereafter,

his in-laws came to Ranchi to resolve the dispute but instead

of resolving the disputes they aggravated the situation and

threatened the petitioner-husband to implicate him and his

family members in false and fabricates cases.

(x) The situation became more assailable and in absence of the

petitioner they took the respondent to their village Buruhatu

without any reasonable excuse and consent of the petitioner

husband.

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(xi) Thereafter, the petitioner along with some friends went to

Saraikela-Kharsawan in the month of October, 2015 to bring

back his wife Shivani Kumari but her parents assaulted the

petitioner and his friends with Lathi and Danda and

threatened them with dire consequences. The uncle of the

respondent-wife said that he is a murderer of six persons.

Somehow, they managed to escape from there and came to

Ranchi. In spite of that the petitioner tried his best to pacify

the matter but all went in vain.

(xii) It has been stated that looking the turbulent attitude of the

respondent-wife and her family members, the petitioner/

appellant is very much apprehension of his life and limb from

the hand of them. The petitioner/appellant/ husband has also

apprehension that they will implicate him and his mother in

false and fabricated case.

(xiii) It has been stated that due to such harsh conduct and ill

nature, intensity and persistence it is not possible for the

petitioner to lead conjugal life with the respondent and if the

petitioner leads conjugal life with the respondent would be

caused harm or injurious not only for petitioner- husband but

also for his entire family members.

3. On the aforesaid ground of cruelty, the appellant-husband

has preferred a suit being Original Suit No. 194 of 2017 for

dissolution of marriage before the learned Family Court wherein

prayer has been made for a decree of dissolution of the marriage

between him and the respondent-wife.

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4. It needs to mention herein that in Original Suit No. 194 of

2017, upon issuance of the notices, the respondent-wife has

appeared and filed a written statement denying all the allegations

levelled against her by the appellant-husband.

5. In the written statement, the respondent-wife admitted

about her marriage with the petitioner/appellant but has denied the

other allegations contained in the plaint. It is stated that after one

week of marriage the petitioner and his sister beaten the respondent

due to non-fulfillment of demand of a Fridge. They have also

levelled bald allegation that the respondent- wife has illicit relation

with her Mama (maternal uncle) and Mausera Bhai (maternal

brother).

6. It is also stated that the petitioner and his mother tried to

miscarriage her pregnancy, however, the father of the respondent

get her treated by Dr. Pinki Roy at Jamshedpur and she gave birth

to a female child at Primary Health Centre, Ichagarh on 07.02.2015.

But neither the petitioner-husband nor his family members came to

see the newly born child, even none of them participated in chatti

of the said child in spite of several requests.

7. In the month of May, 2015, the mother-in-law and

maternal uncle-in-law (Mama Sasur) came to attend a marriage

ceremony of uncle of the respondent where they demanded

Rs.10 lacs and a Four-Wheeler Car as soon as possible from father

of the respondent wife and on non-fulfillment of their demand the

petitioner-husband along with mother-in-law, sister-in-law and

maternal uncle-in-law started assaulting the respondent-wife.

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8. It is stated that at the time of marriage Rs.05 lacs, One

Passion Pro Bike, Fridge, Cooler, LCD (TV), Washing Machine,

Fan, Box Palang, Steel Almirah and other household article along

with gold and silver ornaments were given to the petitioner.

9. It is also stated that in the month of September, 2016 the

respondent-wife conceived second child but due to pressure of the

petitioner-husband and his family members the pregnancy aborted

as they administered some kind of tablet at Nagarmal Sewa Sadan

on 22.11.2016 and they also threatened to be killed if any such

complain is made before any one as the petitioner husband is Steno

in the Hon'ble High Court of Jharkhand as he has got guts to do

anything against her.

10. It is stated that the petitioner-husband is habitual drunker

and has extra marital affair with other women. The respondent-wife

has found many photographs of various ladies from the paint pocket

of the petitioner-husband and on query the respondent-wife was

threatened to kill.

11. It is stated that lastly on 28.01.2017, the respondent-wife

informed the matter to her father over phone, who came and took

her with him on 29.01.2017 and since then she is living at her

parental house.

12. The respondent-wife has also lodged a Complaint Case u/s

498A IPC before the CJM Court Seraikela vide Ichagarh P.S. Case

25/2017 which is pending for investigation and trial.

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13. It is stated that the petitioner-husband is not entitled for

any relief or reliefs as sought for; hence, the suit is required to be

dismissed.

14. After appearance of both the parties, the learned Family

Judge has referred the matter for reconciliation before the learned

Mediator but the same was failed.

15. Learned Family Judge, after institution of the said case,

taking into consideration of the pleadings of the petitioner-husband

and the respondent-wife has formulated the issues and has decided

the lis by refusing to grant divorce to the petitioner-husband.

16. The aforesaid judgment by which divorce has not been

granted is under challenge by filing the instant appeal.

Submission of behalf of the appellant-husband:

17. Mr. Rahul Pandey, the learned counsel appearing for the

appellant-husband has taken the following grounds:

(i) There is an error in the impugned judgment, since, each and

every aspect of the matter has not been taken into

consideration based upon the documentary evidences as well

as ocular evidences.

(ii) It has been contended that the element of cruelty has been

found to be there as it has come in the evidence that the

respondent-wife has treated the petitioner-husband and his

family members with abusive language and assault and but

without appreciating the same properly, the learned Family

Judge has come to the finding by holding that no element of

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cruelty is there and, as such, the impugned judgment and

decree suffers from an error.

(iii) It has been contended that the appellant has been meted

out with cruelty at the hands of the respondent-wife due to her

abnormal and cruel behaviour as would be evident from the

evidence adduced on behalf of the appellant-husband, but the

same has not been taken into consideration by the learned

Family Judge.

(iv) It has been contended that though the learned Family

Judge has proceeded the matter and dismissed the original suit,

but Family Judge has failed to appreciate the evidences

adduced on behalf of the appellant as in the trial, the evidence

has come that it was the respondent-wife who has committed

cruelty upon him and his mother by her cruel behaviour and

act and left her matrimonial homes without any reason of her

own and thus deserted him. As such, the proper consideration

of the evidence has not been taken into consideration by the

learned trial Court.

(v) The learned trial Court has failed to appreciate that

lodgment of a false or exaggerated criminal case against the

husband and all his family members and relatives also amounts

to cruelty by itself.

(vi) That the learned trial Court has failed to appreciate that

the respondent-wife in her written statement as well as in her

evidence has alleged that the appellant-husband has extra

marital relationship with other women, but she has failed to

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substantiate such allegations which alone constitutes cruelty

against the appellant.

(vii) The respondent-wife has withdrawn herself from the

society and company of the appellant-husband on 29.01.2017

and thereafter she never shown her willingness or made

attempt to live with the appellant-husband to restore her

conjugal relationship with him which amount to willful neglect

of the appellant by the respondent-wife.

18. The learned counsel, based upon the aforesaid ground,

has submitted that the impugned judgment and decree, therefore,

needs interference on the ground of perversity.

Submission of behalf of the respondent-wife:

19. On the contrary, the learned counsel appearing for the

respondent-wife has taken the following grounds:

(i) There is no error in the impugned judgement. The learned

Family Judge has considered the entire issue and on the basis

of evidence as led by the parties and has passed the order

impugned as such same may not be interfered with.

(ii) The appellant-husband has sought divorce on the ground

that the behaviour of the respondent-wife is cruel and she has

deserted the appellant without any valid ground but the learned

Family Court, after taking into consideration the oral and

documentary evidence, has held that the entire allegations

levelled in the plaint for divorce suit are absolutely illegal,

uncalled for and has rightly dismissed the suit.

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(iii) It has also been submitted that the learned Family Court

after taking into consideration the material available on record

has found that the conduct of the appellant-husband has never

been towards salvaging the institution of marriage as it is he

who has come for the dissolution of the marriage, therefore, on

the pretext of the aforesaid categorical finding of the Family

Court, the impugned order requires no interference.

(iv) It has been contended that the appellant-husband has

alleged that the respondent-wife is having illicit relation with

other persons but he has neither disclosed the name of

paramour nor made any person as co-respondent to the present

suit nor any specific evidence has been brought on record to

prove the allegation of adultery and, therefore, the learned

Family Court has rightly dismissed the suit after finding the

allegation of illicit relationship of the respondent is false and

concocted one. Therefore, the impugned judgment and decree

need no interference.

(v) It has been contended that the learned Family Court has

rightly held that after filing of the criminal case under section

498A IPC by the respondent-wife after being harassed at the

hands of the appellant-husband and his family members, the

appellant-husband has filed the divorce suit and further held

that there is no serious nature of cruelty for which a decree of

divorce may be granted and dismissed the suit for divorce. As

such, the judgment and decree impugned herein are require no

interference.

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(vi) It has been contended that the learned Family Court has

rightly held that the ground of cruelty as alleged by the

appellant-husband against the respondent-wife has not been

proved as the simple wear and tear are part and parcel of the

conjugal life almost in all the society and, as such, it requires

no interference.

20. Learned counsel, based upon the aforesaid grounds, has

submitted that if on that pretext, the factum of cruelty has not been

found to be established, hence, the impugned judgment cannot be

said to suffer from an error.

Analysis:

21. We have heard the learned counsel appearing for the

parties, gone through the impugned judgment as well as the Trial

Court Records, as also the testimonies of the witnesses and the

documents exhibited therein.

22. The learned Family Judge has formulated altogether four

issues, for ready reference, the same are being quoted hereinbelow:

(I) Whether the respondent-wife after solemnization of marriage

treated the petitioner with cruelty?

(II) Whether the petitioner himself has treated the respondent

with cruelty and is taking advantage of his own wrong?

(III) Whether the petitioner is entitled to get a decree of divorce

as prayed by him on the ground of cruelty?

(IV) Whether the petitioner is entitled to get other equitable relief

as per settled principle?

23. The learned Family Judge has considered the evidence

adduced on behalf of the parties for deciding the issue involved in

Original Suit No.194 of 2017 and firstly dealt with the issues nos.

(I) and (II) as they are the main issues that form the basis of the suit.

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24. This Court in order to appreciate the aforesaid rival

submission before entering into the legality and propriety of the

impugned judgment needs to discuss herein the relevant part of the

evidences adduced on behalf of the parties wherein the element of

cruelty has been shown.

25. During trial of the case five witnesses have been examined

on behalf of the petitioner-husband. P.W.-1- Hiralal Pramanik is the

petitioner husband himself, P.W.-2 is one Ravindra Kumar (Ravi),

friend of the petitioner, P.W.-3 is one Vijay Kumar- friend of the

petitioner-husband, P.W.-4 is one Anita Devi and P.W.-5 is mother

of the petitioner Sonamani Devi. However, evidence of PW-3 Vijay

Kumar is expunged vide order dated 24.02.2020. In support of his

contention, the petitioner-husband has also exhibited some

documents, which are as under:

(i) Prescription of Dr. Mrs. Pinki Roy of the respondent-wife has been

marked as X for identification.

(ii) Prescription of Nagarmal Modi Seva Sadan has been marked as X/1

for identification.

26. The respondent-wife has also examined five witnesses

including herself as RW1. RW2-Mansa Ram Pramanik, RW-3 is

Nirmal Chandra Saw, RW-4 Biren Pramanik is the father of the

respondent and RW-5 is one Ajit Kumar Thakur. In support of her

contention, the respondent-wife has also exhibited following

documents:

(i) Certified copy of F.I.R. being Ichagarh P.S. Case No. 25/2017 as

Ext. A ,

(ii) Certified copy of Final Form dated 27.02.2018 of Ichagarh P.S

Case No.25/2017) as Ext-B.

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27. In his examination on oath as PW1, Hari Lal Pramanik, the

appellant-husband has narrated entire things as pleaded in the plaint

about his marriage with the respondent. He has deposed that his

marriage with the respondent was solemnized on 11.05.2014. After

marriage they started living at Village Kongey, Post Ranchi

University, P.S. Kanke, District Ranchi as husband and wife, but

after some days of marriage the petitioner started living in trouble

due to ill behaviour of the respondent towards him and his family

members. The respondent used to abuse them and assault his old

mother. Sometimes her mental condition has become bad and her

treatment is going on at Saraikela. The respondent is continuously

treating the petitioner and his family members with abusive

language and assault. The petitioner tried to treat her at Ranchi but

due to objection of the respondent it could not be possible. Later on,

the respondent said that her family members forcibly performed her

marriage, thus, she does not want to live with the petitioner. The

respondent wife has also not performed her matrimonial obligations

and does not want to establish physical relation and that without

informing the petitioner she used to leave for her parental home at

Saraikela due to which the petitioner becomes up-set.

28. PW1 further deposed that on 16.10.2015 the petitioner

went to bring back the respondent but her uncle, who has criminal

antecedent, assaulted and threatened him with dire consequences.

He has also deposed that when the respondent became pregnant

second time, then without taking permission of the petitioner she got

aborted her pregnancy by taking medicine and on asking the

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respondent-wife threatened to implicate him and family members

by committing suicide. The respondent-wife also tried to administer

poison twice but fortunate he saved himself. On 29.01.2017, the

respondent-wife without informing him left the matrimonial house

and since then never turned back there. He has deposed that

behaviour of the respondent-wife was never positive towards the

petitioner-husband and anything can happen at any point of time

with him. When the mother of the petitioner tried to intervene

between them the respondent-wife also abused and pushed her due

to which his mother received injury. He intervened in the matter and

informed to the parents of the respondent then they told that

sometimes she got seizures for which she is being treated at Village.

They also told that after coming to Ranchi they will get her treated.

The father of the respondent came to Ranchi and took the

respondent with him. Thereafter the petitioner went to bring her

back but she did not come. The petitioner is posted on a responsible

post and these things can affect his working. The respondent has

lodged a criminal case u/s 498A as also a maintenance case before

the Court of Saraikela.

During cross-examination, PW1 has stated that Gopi

Pramanik was the mediator of this marriage who is relative of the

respondent. The marriage between them was consummated out of

cordial relationship and out of the wedlock a daughter was born. He

has not disclosed this fact in his plaint through it is a true fact. It is

not true that when the respondent became pregnant second time she

had gone to Dr. Sunita Jha alone and he never accompanied her. It

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is also not true that after administering medicine prescribed

Dr. Sunita Jha bleeding started to the respondent and she got

aborted her pregnancy at Sewa Sadan, however, he was present at

Seva Sadan when the abortion took place in presence of the

respondent and her relatives. He had not gone to see the respondent

when she was hospitalized but when she was admitted in Seva

Sadan, he remained there. He has denied that due to good service

he does not want to keep the respondent and thus he ousted the

respondent along with baby on 29.01.2017. During Court question

this witness had denied that he wants to keep the respondent but

during mediation in M.T.S No.194/2017 before the mediation she

demanded Rs. 50 lakhs and threatened to commit suicide during

mediation before the Mediator Centre, Civil Court, Ranchi as well

as before the Mediation Centre of the Hon’ble High Court. He has

also denied that the respondent wants to live happily.

29. PW2-Ravindra Kumar (Ravi) has corroborated the fact as

deposed by the petitioner. He has deposed that the marriage between

both the parties was solemnized in the year 2014. After some days

of the marriage the petitioner started living up-set due to ill

behaviour of the respondent-wife towards the petitioner and his

mother. The petitioner narrated to him about behaviour of the

respondent then he went to the house of the petitioner and found that

behaviour of the respondent is not good towards the petitioner and

his mother. He further deposed that one day at about 9 AM when he

went to the house of the petitioner, he found that when the petitioner

was ready to go to office his wife (respondent herein) is abusing and

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scratching him and when the mother of the petitioner tried to

intervene between them the respondent also abused and pushed her

who received injury. He intervened in the matter and informed to

the parents of the respondent then thy told that sometimes she got

seizures for which she is being treated at village. They also told that

after coming to Ranchi they will get her treated. The father of the

respondent came to Ranchi and took her with him. Thereafter, the

petitioner went to bring her back but she did not come. The

petitioner is posted on a responsible post and these things can affect

his working. The respondent had lodged a criminal case u/s 498 A

and a maintenance case before the Court of Saraikela.

During cross-examination, PW2 has stated that when the

respondent was at the parental house he had gone there. He knows

that Hari Lal Pramanik used to go to office at about 9:00 am and

returned back at about 7:00 pm evening. In para-27 this witness has

deposed that when the petitioner told him about the cruelty by the

respondent nobody was present there but date of that day is not in

his memory. No talk has taken place with the village Doctor to him,

however, the petitioner had talked with the Doctor. He has not

provided address of doctor to the petitioner. In para-41, 42 & 43

this witness had deposed that after few days of the marriage on the

pressure of the respondent, the petitioner started living separately

in a rented Flat. How many days they lived there he does not know.

He did not go to rented Flat because the situation was not good

there, so, both the parties got separated. In para-46 this witness has

deposed that the petitioner never informed that the respondent tried

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to attack over them with any weapon. In para-47 & 48 this witness

has deposed that on the advice of Doctor medicine was taken by the

petitioner and his mother to their injury but he does not know

prescription had been given or not. He never made inquiry from the

respondent for her medicine. In para-52 this witness has deposed

that he does not know whether the respondent is willing to live with

the petitioner or not? In para-53 this witness has also deposed that

the petitioner never told him that he wants to keep the respondent

after filing of the case and counter case.

30. P.W.-3 Vijay Kumar has also been examined but his

evidence is expunged vide order-sheet dated 24.02.2020, hence, his

evidence is not taken into consideration.

31. P.W.-4 is one Anita Devi who has deposed about the

marriage between both the parties and supported the case of the

petitioner. In para-5 of her examination-in-chief she has deposed

that whenever she used to go to the house of the petitioner found

that the respondent is either sitting or taking rest and her mother-in-

law is doing household works. On ask the respondent said that she

did not come at matrimonial house to do household works rather at

her parental house also she was not doing any work, so, she will not

do any work here and used to abuse and quarrel. In para-6 this

witness has deposed that from the talking of the respondent it

appears that her mental condition is not good. Later on, this witness

came to know that the respondent is taking medicine for her mental

ailment. In para-7 this witness has deposed that sometimes the

respondent got seizures, she climbed on the roof started shouting

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and behaved like a mental person for which the petitioner used to

remain up-set. The petitioner had wanted to treat the respondent but

father of the respondent took her to parental house and promised to

return back after cure. Thereafter, the respondent did not come. In

para-9 this witness has deposed that one day at about 2:00 PM when

she went to the house of the petitioner found that the respondent is

abusing to mother of the petitioner and forcibly forced her due to

which mother of the petitioner got injured. The respondent also

abused her parents for not performing her marriage to her choice of

a village boy. In para-10 she had deposed that in the month of

January, 2017 father of the respondent took her with him, thereafter,

the petitioner several times went to the house of the respondent to

bring her back but she did not come. Instead of sending the

respondent the family members assaulted and abused the petitioner.

In para-12 & 13 this witness has deposed that the respondent does

not want to live the petitioner and his old mother and since 2017 she

is living at her parental house. The petitioner is the only son of his

mother.

During cross-examination, PW4 has deposed in para-23

that she does not know the qualification of Hari Lal Pramanik

(petitioner). Her husband told her that till Matriculation he and

Hari Lal Parmnik pursued their study at Sundil. In para-24, this

witness has deposed that her husband lives with Orthopedic Doctor

at Nagarmal Modi Sadan Hospital. She does not know the marital

rituals of Pramanik Community. In para-33, she has deposed that

marriage of Hiralal was performed in the year 2014 but she had

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not remembered month hopefully it was performed in winter

season. In para-40 she has deposed that after two to four days she

met with the wife of Pramanik Jee. Thereafter, she started to go to

her work place and did not go there as such she could not talk to

his wife again. In para-41 and 42 this witness has deposed that she

does not know on which condition the wife of Pramanik Jee came

to her matrimonial house and on what condition she went to her

parental house. She cannot say what was going or in the house of

Pramanik jee every day.

32. P.W.-5- Sonamani Devi is mother of the petitioner who

has also supported the case of the petitioner and admitted about the

marriage between her son (petitioner) and the respondent. She has

deposed in para-3 of her examination-in-chief that she has brought

her daughter-in-law with full love and affection in front of Mohalla

people but after second or third day of marriage after going of her

son to duty her daughter-in-law used to sleep till about

2:00-3:00 PM, then she suspected that something is wrong with her

who used to take medicine. On ask she confined herself in the room

and slept.

33. PW5 further deposed that the respondent got up at about

7:00 PM when her son came from the Office and asked about her

ailment then she became furious and started abusing and assaulting

and when her son tried to caught her, the respondent also assaulted

her. Thereafter, she informed the matter to the parents of the

respondent who told that the respondent has haunted ghost (Bhoot

Parait Ka Saya Hai) and after some time she would become alright

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but it did not happen and she was regularly abusing and assaulting

her son. She got injured due to push by her daughter-in-law. After

getting information parents of the respondent came and took the

respondent with them and lodged a case against her, her son

(petitioner) and daughter and against her brothers.

34. PW5 has further deposed that during stay at her

matrimonial house, the respondent used to tell that her parents have

forcibly performed her marriage with her son, however, she wanted

to marry with another boy. She also taunted that her son is an old,

black, ugly and old nature person. Her son was not ready to live

separately from her, instead of that he took a rented house near

Hon’ble High Court to save her conjugal life and started living

separately from her. But behaviour of the respondent did not change

and she used to abuse and assault her son there also. Due to fear of

her daughter-in-law, she never went there to meet with her daughter-

in-law. Before six months the respondent along with police came to

her house and in front of mohalla people abused and threatened

them. The respondent did not do any work of the house and

whenever asked used to abuse and assault her. In para-9 of

examination-in-chief this witness has deposed that her daughter-in-

law (respondent) tried to commit suicide twice. One time she poured

kerosene oil over her body but fortunately that time her son was

present in the house who saved her. Second time the respondent

tried to hang herself from ceiling fan and that time also her son was

present in the house who saved her by broken the door. In para-10

she has deposed that her daughter-in-law left her matrimonial house

2026:JHHC:21872-DB

21

about five years ago and since then she is living at her parental

house. She further deposed that about one month before on order of

the Court the respondent came to her house and lived about one

week but there was no change seen in her behaviour and as usual,

she did not sleep with her son and used to abuse him. In para-11 this

witness deposed that the respondent does not want to live with her

and her son. She has further deposed that the respondent only wants

maintenance from her son. The petitioner is her only son and except

him, none other to look after her.

35. During cross-examination in para-27 this witness has

deposed that the respondent was used to abuse and confined herself

in the room. In para-35 she has deposed that she got injured due to

push by the respondent. She got treatment herself but she has no

prescription of doctor. She also does not know the name of village

doctor. In para-38 PW5 has deposed that she has not made any

complain to the police station or social community regarding

behaviour of the respondent. She also does not know whether her

son has lodged complain before the Court or not. In para-41 this

witness has deposed that when the respondent went to her house by

order of the Court the room of her son was provided to the

respondent and when her son returned from the Court, she asked

from h er son that whey he did not bring back her daughter-in-law

and grand-daughter. She does not know that the respondent had

lodged what type of case against her. In para-45 this witness has

deposed that after one year of marriage the respondent went to her

parental house. After one year of marriage her son went to house of

2026:JHHC:21872-DB

22

the respondent to bring her back but she herself further deposed that

he went there two-three times. Again, she says that after one year of

marriage her daughter-in-law went to her parental house then her

son did not go to bring her back. In para-47 she has deposed that

after one year her daughter-in-law came back at that time, she was

pregnant. They treated her from a Doctor at Lalpur, but she has not

remembered that the respondent was treated by Dr. Sunita Jha or

not. She prescribed medicine to her. This witness again herself

deposed that when the respondent became pregnant second time

then they never gone to doctor. In para-50 this witness has deposed

that she cannot say the reason of quarrel between her son and

daughter-in-law.

36. On the other hand, the respondent-wife (Shivani Kumari)

has deposed herself as RW1 and admitted her marriage with the

petitioner-Hari Lal Pramanik. She has deposed that she was married

with the petitioner-Hari Lal Pramanik on 11.05.2014. She has stated

that at the time of marriage cash of Rs.05-Lacs, passion motorcycle,

electronic equipments, gold and silver ornaments, household article

were given to the petitioner. Rs.15-Lacs were incurred during the

marriage which was borne by her father. After marriage on

12.05.2014 she came to her matrimonial house at Village Kongey,

Kanke, District Ranchi and on 13.05.2014 again she along with her

husband to perform rituals of Pagphera went to her parental house

and returned back from there on 14.05.2014 to her matrimonial

house. Her husband is P.A. (Personal Assistant) at Hon'ble

Jharkhand High Court. After one week of marriage her husband in

2026:JHHC:21872-DB

23

connivance of mother-in-law and elder sister-in-law (Nanad)

abused, tortured and assaulted her on petty matter. After about 1%

month her husband, mother-in-law and Jeth Sas Vimla Devi send

her from Doranda Flat to her matrimonial house. After Pagphera of

marriage she went to her parental house for the first time but the

petitioner never came at Buruhatu to take her back. On 29.01.2017

she along with her Maika People came to her matrimonial home.

After some days of marriage, the petitioner along with his family

members and his maternal uncle (Mama) tortured her physically and

mentally due to non-fulfillment of their demand of Rs.10-Lacs. She

tolerated all the atrocities of her husband and in-laws for saving her

conjugal life but it went in vain. During stay at her matrimonial

home she became pregnant but neither the petitioner nor his family

members took any care of her. Her father brought her to Jamshedpur

and got treated from Dr. Pinki Rai (Prescription Marked 'X' for

identification) and she gave birth to a daughter on 07.02.2015 at

Primary Health Centre, Ichagarh, but neither the petitioner nor his

family members came to see the newly born child either even on the

eve of chatti ceremony. The expenses of delivery have been borne

by her father. Her husband levelled fake allegation that the child is

illegitimate.

37. It is further deposed that on 12.07.2014 instead of check

up from the Doctor her in-laws due to non-fulfillment of demand

assaulted her badly due to which she became faint. In the month of

May, 2015 her in-laws again demanded Rs.10-Lace for construction

of a house and in the same month she along with her daughter went

2026:JHHC:21872-DB

24

to Village Kongey where her husband loudly abused and asked not

to see the face of Kalmuhi (baby) and directed to take out the baby

from the house. Her in-laws were not happy due to birth of the

daughter. Her husband had also assaulted in her parental house. The

petitioner and his family members did not provide proper food to

her at matrimonial house.

38. This witness has deposed that name of mediator was

Chitranjan Pramanik who was the relative of the petitioner. Her

husband has illicit relation with another lady. During holidays her

husband used to go to office at 8:00am and returned to home till late

night at about 11:00pm to 12:06am, however, the office distance is

about half kilometer. She has deposed that in the month of

September, 2016 she again became pregnant. The petitioner and his

family members forced to abort her pregnancy and the petitioner

forcibly took her to Dr. Sunita Jha on 12.09.2016 and on the second

day the petitioner and mother-in-law forcibly administered some

medicine thereafter bleeding started which continued since long

time. Then on 12.11.2016 the petitioner brought her to Ranchi at

Nagarmal Modi Sewa Sadan Hospital where her pregnancy was

aborted (ID Mark X/1). The petitioner also used to threaten that he

works at Hon'ble High Court, so you cannot do date of marriage she

lived at her matrimonial house for about three years and her

daughter was born at her parental house. In para-79 & 80 she

deposed that on 08.05.2021 she went to Kanke Police Station when

her husband was going to perform second marriage filed a list or

documents regarding articles and cash which were given at the time

2026:JHHC:21872-DB

25

of marriage. In para-92 she has deposed that she has no knowledge

that her husband has taken any loan for construction of a house. It

is wrong to say that she had taken a bond from the petitioner. In

para-88 this witness has deposed that she has not parental house.

The name of her mother-in-law is Sonamani Devi.

39. R.W.-2 is one Mansa Pramanik who has deposed about the

marriage between the petitioner and the respondent on 11.05.2014

and has supported the case of the respondent. He has deposed that

at the time of negotiation of marriage he was present at the house of

the maternal uncle (Mama) of Hiralal Pramanik. At the time of

marriage Rs.05-Lacs along motorcycle, ornaments, household

utensils were given to the petitioner. In the marriage Rs. 12 to 15

lacs were incurred by father of the respondent. The petitioner and

his family members abuse, tortured and assaulted the respondent

due to non-fulfillment of their demand of Rs.10-Lacs. There is a

daughter out of the wedlock of both the parties. The respondent

along with her daughter is living at her parental house.

During cross-examination this witness has deposed that he

knows both the parties as they are his relative. He does not know

the name of father of Hiralal Pramanik. In para-20 this witness has

deposed that Hiralal has three stories house but himself further says

that he lives in Asbestos house. In para-25 & 27 he has deposed that

he along with father of Shivani (respondent) went to convince

Hiralal at that time Hiralal and his mother were present in the house

but he does not remember the day, date and month. He further

2026:JHHC:21872-DB

26

deposed that when the petitioner used to assault the respondent he

had gone to the house of the petitioner several times.

R.W-3 Nirmal Chandra Saw who has fully supported the

case of the respondent and has deposed about the marriage between

both the parties and birth of a daughter out of their wedlock. He has

also deposed more or less similar as deposed by R.W-1 and R.W.-

2. This witness has deposed that due to non-fulfillment of demand

of Rs. 10,00,000/- the petitioner and his family members used to

assault and abuse the respondent.

40. During cross-examination this witness has deposed that he

was present during negotiation of marriage between both the parties.

At the time of marriage, he had lent Rs.1.50- lacs to the father of the

respondent. In para-34 he has deposed that presently Shivani

(respondent) lives separately from her father.

41. R.W.-4 is Biren Pramanik, father of the respondent. He has

deposed about the marriage between the petitioner and respondent

on 11.05.2014 and birth of a daughter out of their wedlock born on

07.02.2015. He has fully supported the case of the respondent. His

examination-in-chief is verbatim to the evidence of R.W.1 (the

respondent), hence, his examination-in-chief is not taken into in

detail. He has deposed that he had given Rs.05- lacs cash along with

passion motorcycle, electrical equipment, ornaments, etc. to the

petitioner. He further deposed that due to non-fulfillment of demand

of Rs.10-Lacs the petitioner and his family members used to abuse

and torture his daughter regarding which she had lodged cases

against the petitioner and his family members.

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27

During cross-examination this witness has deposed that he

does service at Jamshedpur. He lives at Burahatu along with his

wife, son, daughters, daughter's daughter. In para-20 he has

deposed that it is wrong to say that he has prevented to interfere

between both the parties by the Court. In para-40 this witness has

deposed that negotiation of marriage had taken at two places. First

in the Flat situated at Doranda and second in the house of the

maternal uncle of the petitioner. In para-42 this witness has deposed

that after advice from him her daughter lodged case in the year

2017. In para-43 he has deposed that statement made in para-4 of

her evidence is true. He has no knowledge that during treatment of

injury the respondent remained at her matrimonial house. In para-

44 he has deposed that the respondent has sign of scratches which

has been occurred due to assault. In para-45 he has deposed that the

police had taken statement of Dr. Sunita Jha.

42. RW-5 is Ajit Kumar Thakur. His evidence is also similar

to the evidence of other respondent’s witnesses. He has deposed

about the marriage between the petitioner and the respondent. He

has deposed that due to torture and demand of dowry the respondent

is living at her parental home along with her daughter. He has

deposed that the respondent is ready to lead conjugal life with the

petitioner.

43. The fact about filing of suit by taking plea of cruelty is

admitted one as per the evidences adduced on behalf of the

appellant-husband.

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28

44. The appellant-husband all along has alleged the issue of

cruelty, which he was subjecting to by his wife and in order to

establish the same the evidences has been laid as has been referred

hereinabove.

45. This Court while appreciating the argument advanced on

behalf of the appellant-husband on the issue of perversity needs to

refer herein the interpretation of the word “perverse” as has been

interpreted by the Hon'ble Apex Court which means that there is no

evidence or erroneous consideration of the evidence.

46. The Hon'ble Apex Court in Arulvelu and Anr. vs. State

[Represented by the Public Prosecutor] and Anr., (2009) 10 SCC

206 while elaborately discussing the word perverse has held that it

is, no doubt, true that if a finding of fact is arrived at by ignoring or

excluding relevant material or by taking into consideration

irrelevant material or if the finding so outrageously defies logic as

to suffer from the vice of irrationality incurring the blame of being

perverse, then, the finding is rendered infirm in law. Relevant

paragraphs, i.e., paras-24, 25, 26 and 27 of the said judgment read

as under:

“24. The expression “perverse” has been dealt with in a

number of cases. In Gaya Din v. Hanuman Prasad [(2001) 1

SCC 501] this Court observed that the expression “perverse”

means that the findings of the subordinate authority are not

supported by the evidence brought on record or they are

against the law or suffer from the vice of procedural

irregularity.

25. In Parry's (Calcutta) Employees' Union v. Parry & Co.

Ltd. [AIR 1966 Cal 31] the Court observed that “perverse

finding” means a finding which is not only against the weight

of evidence but is altogether against the evidence itself.

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29

In Triveni Rubber & Plastics v. CCE [1994 Supp (3) SCC 665

: AIR 1994 SC 1341] the Court observed that this is not a case

where it can be said that the findings of the authorities are

based on no evidence or that they are so perverse that no

reasonable person would have arrived at those findings.

26. In M.S. Narayanagouda v. Girijamma [AIR 1977 Kant

58] the Court observed that any order made in conscious

violation of pleading and law is a perverse order.

In Moffett v. Gough [(1878) 1 LR 1r 331] the Court observed

that a “perverse verdict” may probably be defined as one that

is not only against the weight of evidence but is altogether

against the evidence.

In Godfrey v. Godfrey [106 NW 814] the Court defined

“perverse” as turned the wrong way, not right; distorted from

the right; turned away or deviating from what is right, proper,

correct, etc.

27. The expression “perverse” has been defined by various

dictionaries in the following manner:

1. Oxford Advanced Learner's Dictionary of Current

English, 6th Edn.

“Perverse.—Showing deliberate determination to behave

in a way that most people think is wrong, unacceptable or

unreasonable.”

2. Longman Dictionary of Contemporary English,

International Edn.

Perverse.—Deliberately departing from what is normal

and reasonable.

3. The New Oxford Dictionary of English, 1998 Edn.

Perverse.—Law (of a verdict) against the weight of

evidence or the direction of the judge on a point of law.

4. The New Lexicon Webster's Dictionary of the English

Language (Deluxe Encyclopedic Edn.)

Perverse.—Purposely deviating from accepted or

expected behavior or opinion; wicked or wayward; stubborn;

cross or petulant.

5. Stroud's Judicial Dictionary of Words & Phrases, 4th

Edn.

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30

“Perverse. —A perverse verdict may probably be defined as

one that is not only against the weight of evidence but is

altogether against the evidence.”

47. Thus, “perversity” refers to a finding or decision so

unreasonable or irrational that no reasonable person acting

judicially could have reached it. It signifies a gross and

unreasonable assessment of evidence or law by a court.

48. Further Perversity is a high threshold for intervention,

distinguishing it from a mere error of fact or law. The "safest”

approach on perversity is the classic approach on the reasonable

man's inference on the facts but inadequacy of evidence or a

different reading of evidence is not perversity, reference in this

regard be made to the judgment rendered by the Hon’ble Apex

Court in the case of Damodar Lal v. Sohan Devi, (2016) 14 SCC

197.

49. Herein, submission has been made on behalf of the

appellant-husband that the respondent-wife committed cruelty

against him and his family members.

50. The “cruelty” has been interpreted by the Hon’ble Apex

Court in the case of Dr. N.G. Dastane vs. Mrs. S. Dastana, (1975)

2 SCC 326 wherein it has been laid down that the Court has to

enquire, as to whether, the conduct charge as cruelty, is of such a

character, as to cause in the mind of the petitioner, a reasonable

apprehension that, it will be harmful or injurious for him to live with

the respondent.

51. This Court deems it fit and proper to take into

consideration the meaning of ‘cruelty’ as has been held by the

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31

Hon’ble Apex Court in Shobha Rani v. Madhukar Reddi, (1988)1

SCC 105 wherein the wife alleged that the appellant-husband and

his parents demanded dowry. The Hon’ble Apex Court emphasized

that “cruelty” can have no fixed definition.

52. According to the Hon’ble Apex Court, “cruelty” is the

“conduct in relation to or in respect of matrimonial conduct in

respect of matrimonial obligations”. It is the conduct which

adversely affects the spouse. Such cruelty can be either “mental” or

“physical”, intentional or unintentional. For example,

unintentionally waking your spouse up in the middle of the night

may be mental cruelty; intention is not an essential element of

cruelty but it may be present. Physical cruelty is less ambiguous and

more “a question of fact and degree.”

53. The Hon’ble Apex Court has further observed therein

while dealing with such complaints of cruelty that it is important for

the Court to not search for a standard in life, since cruelty in one

case may not be cruelty in another case. What must be considered

include the kind of life the parties are used to, “their economic and

social conditions”, and the “culture and human values to which they

attach importance.”

54. The nature of allegations need not only be illegal conduct

such as asking for dowry. Making allegations against the spouse in

the written statement filed before the court in judicial proceedings

may also be held to constitute cruelty.

55. In V. Bhagat vs. D. Bhagat (Mrs.), (1994)1 SCC 337, the

wife alleged in her written statement that her husband was suffering

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32

from “mental problems and paranoid disorder”. The wife’s lawyer

also levelled allegations of “lunacy” and “insanity” against the

husband and his family while he was conducting a cross-

examination. The Hon’ble Apex Court held these allegations against

the husband to constitute “cruelty”.

56. In Vijaykumar Ramchandra Bhate v. Neela Vijay Kumar

Bhate, (2003)6 SCC 334 the Hon’ble Apex Court has observed by

taking into consideration the allegations levelled by the husband in

his written statement that his wife was “unchaste” and had indecent

familiarity with a person outside wedlock and that his wife was

having an extramarital affair. These allegations, given the context

of an educated Indian woman, were held to constitute “cruelty”

itself.

57. The Hon’ble Apex Court in Joydeep Majumdar v. Bharti

Jaiswal Majumdar, (2021) 3 SCC 742, has observed that while

judging whether the conduct is cruel or not, what has to be seen is

whether that conduct, which is sustained over a period of time,

renders the life of the spouse so miserable as to make it unreasonable

to make one live with the other. The conduct may take the form of

abusive or humiliating treatment, causing mental pain and anguish,

torturing the spouse, etc. The conduct complained of must be

“grave” and “weighty” and trivial irritations and normal wear and

tear of marriage would not constitute mental cruelty as a ground for

divorce.

58. “Cruelty” has an inseparable nexus with human conduct

and is always dependent on social strata or milieu to which parties

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33

belong, their ways of life, relationship, temperaments and emotions

that are conditioned by their social status, reference be made to the

judgment rendered by the Hon’ble Apex Court in the case

Vishwanath Agrawal v. Sarla Vishwanath Agrawal, (2012) 7 SCC

288.

59. The Hon’ble Apex Court in the case of K. Srinivas

Rao v. D.A. Deepa, (2013) 5 SCC 226 has observed that cruelty is

evident where one spouse so treats other and manifests such feelings

in other, as to cause reasonable apprehension in mind of other that

it would be harmful or injurious to reside with other spouse and

cruelty may be physical or mental. It has further been observed that

staying together under the same roof is not a precondition for mental

cruelty. Spouse can cause mental cruelty by his or her conduct even

while he or she is not staying under the same roof.

60. In matrimonial relationship cruelty mean absence of

mutual respect and understanding between spouses which embitters

relationship. Sometimes it may take form of violence, or at times

may just be an attitude or approach. Silence in some situations may

also amount to cruelty reference be made to the case of Ravi

Kumar v. Julmidevi, (2010) 4 SCC 476.

61. For considering dissolution of marriage at instance of a

spouse who alleges mental cruelty, result of such mental cruelty

must be such that it is not possible to continue with matrimonial

relationship reference may be taken from the judgment rendered by

the Hon’ble Apex Court in the case of Joydeep Majumdar v. Bharti

Jaiswal Majumdar(supra).

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34

62. Further, the word ‘cruelty’ is used relation to human

conduct or human behaviour. It is the conduct in relation to or in

respect of matrimonial duties and obligations. It is a course of

conduct and one which is adversely affecting the other. The cruelty

may be mental or physical, intentional or unintentional. There may

be cases where the conduct complained of itself is bad enough and

per se unlawful or illegal. Then the impact or the injurious effect on

the other spouse need not be enquired into or considered. In such

cases, the cruelty will be established if the conduct itself is proved

or admitted, reference in this regard be made to the judgment

rendered by the Hon’ble Apex Court in the case of Vinita

Saxena v. Pankaj Pandit, (2006) 3 SCC 778.

63. Further, in the case of Manish Tyagi v. Deepak

Kumar, (2010) 4 SCC 339, the Hon’ble Apex Court has

categorically observed that to constitute ‘cruelty’, it is enough that

conduct of one of parties is so abnormal and below accepted norm

that another spouse could not reasonable be expected to put up with

it. Conduct is no longer required to be so atrociously abominable

which would cause reasonable apprehension that it would be

harmful of injurious to continue cohabitation with another spouse.

Hence, it is not necessary to establish physical violence. Continued

ill-treatment, cessation of marital intercourse, studied neglect,

indifference may lead to inference of cruelty.

64. The word “cruelty” under Section 13(1) (i-a) of the Act

has got no static connotation, and therefore, gives a very wide

discretion to the Court to apply it liberally and contextually. What

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35

is cruelty in one case may not be the same for another and has to be

applied from person to person while taking note of the attending

circumstances. Harm or injury to health, reputation, the working-

career or the like, would be important considerations in determining

whether the conduct of the defending spouse amounts to cruelty. It

has to be shown that the defending spouse has treated him with

cruelty to cause reasonable apprehension in his/her mind that it will

be harmful or injurious to live with the contesting spouse.

65. Now adverting to the factual aspect, it is evident from the

impugned order that the allegations specific to the ground of alleged

cruelty has been made by petitioner -husband.

66. In the present case, upon a conjoint reading of the

pleadings of both parties, it emerges as an admitted position that the

marriage between the petitioner and the respondent was solemnized

in accordance with Hindu rites and rituals. It is further an undisputed

fact that out of the said wedlock, one female child was born to the

couple.

67. It is further evident that the present petition has been

instituted by the petitioner-husband (hereinafter referred to as the

appellant) before the learned Family Court seeking a decree of

divorce on the ground of cruelty, alleging that he has been subjected

to acts of cruelty at the hands of the respondent-wife. In his cross-

examination, at para 20, the appellant candidly admitted that he did

not mention in his examination-in-chief on oath that a daughter was

born out of the wedlock, as the said fact was a matter of reality and

not in dispute. At para 21, he denied the suggestion that he had

2026:JHHC:21872-DB

36

omitted to state every real fact relating to him. At para 23 and 24,

he denied the allegation that he administered drugs to the respondent

on the advice of Dr. Sunita Jha, which allegedly caused her illness

and led to her admission at Seva Sadan and subsequent abortion of

her foetus. On the contrary, he asserted that the respondent was

taken to Seva Sadan by her relatives, and upon being informed

thereof, he went to the hospital.

68. It is evident from the written statement as well as

deposition of the respondent/wife at para-25 of her examination-in-

chief that when she conceived second time it was the petitioner who

with intention to abort the foetus administered drug to the

respondent and due to which she was fallen ill.

69. At para-27 of his cross examination, the petitioner-

husband has admitted that he has never taken the respondent to Seva

Sadan for her treatment rather he went there when she was admitted.

This admission of the petitioner itself shows that he never taken care

of the respondent.

70. On the ground of cruelty, the respondent-wife denied the

entire allegation alleged by the petitioner-husband in his plaint as

well in his examination-in-chief on oath. She has specifically stated

at para-6 that her elder sister-in-law, namely, Vimla Devi wanted to

take the refrigerator given at the time of marriage as stridhan to the

respondent upon which she stated that since it was given as a

wedding gift, so please ask the mother before taking it. Thereafter,

her sister-in-law abused her and physically assaulted with the help

of the petitioner-husband and thereafter it was become daily routine.

2026:JHHC:21872-DB

37

At para-7 the respondent stated that after marriage her husband (the

appellant herein) had never come to take back her from her maike

rather she herself along with her relatives came to her matrimonial

house and on every time her husband brutally assaulted her. At para-

8 she has stated that due to non-fulfillment of demand of Rs.10 lakhs

and a four-wheeler car the petitioner brutally assaulted her due to

which she became unconsciousness. Thereafter her father gave

Rs.1.50 lakhs to the petitioner. At para-10 of her examination-in-

chief the respondent has stated that when she became pregnant first

time, her husband never took her for routine checkup by any doctor

and when she insisted, he and his family members brutally assaulted

her by saying that if you are so keen on providing treatment, then

go back to your father's house. Thereafter, she called her father who

take her to her maike for better treatment where she was treated by

Dr Pinki Roy on routine basis and gave birth to a female child on

07.02.2015 named Dip Priya. At para-12, the respondent has stated

that after birth of her daughter the petitioner and his relatives never

took care of her or her baby child and even not turned up to see her.

Thereafter, she contacted several times to the petitioner over phone

but he did not respond and even cut the phone call. The respondent

has stated that all the expenditure was incurred by her father.

71. The respondent at para-13 of her examination-in-chief has

stated that on the occasion of chatti ceremony, her father informed

the petitioner, his mother, sister-in-law, and her maternal-in-laws

but they did not come to even see the newly born baby child. The

petitioner has spread rumor that since he is not the biological father

2026:JHHC:21872-DB

38

of the baby child and, as such, he did not perform chatti ceremony

and, thus, defamed her. At para-14 the respondent has alleged that

her husband told that since she gave birth to a female child,

therefore, he does not want to incur any penny. At para-16, the

respondent has stated that in the month of May, 2015 in a marriage

function her husband, mother-in-law and maternal-in- law went to

take part in that function and on repeated requests made by her

father they came to her maike at Buruhatu and before departing from

there they demanded Rs. 10 lakhs cash for construction of a house.

Thereafter, she went to her in- laws’ house at Konge where the

petitioner abused her by saying that get out of his house as he does

not want to see that hateful girl’s face. He has also shouted by saying

that as to why you did come here with the burden of a female child.

At para-17 the respondent has deposed that her husband and mother-

in-law always brutally assaulted her during her stay at matrimonial

home and even stopped to provide food and take care of her or her

female child. At para-20, the respondent stated that the petitioner

(her husband), her mother-in-law, and her sister-in-law brutally

assaulted her by dragging her by the hair. She further alleged that

her husband assaulted her with a hot iron rod, causing her burn

injuries and threatened to kill her if she intends to lodge a case. At

para-22 the respondent has stated that the petitioner used to threat

her by saying that he would divorce her noting that his maternal

uncle and cousins had already done so. At para-23 the respondent

has stated that the petitioner used to threaten his neighborhood by

saying that he is working at the High Court, and he will file a case

2026:JHHC:21872-DB

39

against anyone who goes against him. She has further stated that her

husband and mother-in-law used to lock the main door when they

went outside. At para-24 the respondent has stated that her husband

has brutally assaulted her by saying that you have an improper

relationship with your mother, uncle, and brother as they are your

lovers. At para-25 the respondent has stated that the petitioner used

to threaten her by saying that he is working at the High Court and

no one will be able to harm him or his family as everyone is under

his control and the Family Court judge will have to accept what he

says. The petitioner further told that from the lawyers to the judge

in the civil court, everyone is in his hands.

72. At para-26 the respondent has stated that her husband used

to try to kill her baby girl by tossing her up in the air. At para-27 she

has stated that on 28.01.2017 her husband has brutally assaulted her

due to which she became senseless. Due to fear the in- laws of the

respondent had called her father and maternal uncle by saying that

since she got aborted and, as such, she became weak and for her

proper care take her with them. Upon which, her father came and

take her back to her maike but thereafter neither the petitioner nor

his family members ever approached to see her or her female child

and since then, she is living in her maike. She has further deposed

that thereafter on the flimsy ground, the petitioner has filed a suit

for divorce and when she contacted her the petitioner threatened to

kill her and her baby child.

73. Further, the respondent at para-32 has stated that she is

living in her maike with her baby child having no income of her own

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40

whereas her husband (the appellant herein) is getting a sum of

Rs.90000/- and odds per month as he is working as Personal

Assistant in the Jharkhand High Court and this fact she knows from

before her marriage. At para-35 the respondent has stated that she

has lodged a complaint case being G.R. Case No.766/17 which is

pending before the learned trial Court against which the petitioner

has preferred anticipatory bail application in which a sum of

Rs.8000/- per month was ordered to be granted in her favour but the

petitioner has not paid any penny to her or her baby child.

74. She has further stated that the petitioner has preferred a

case in the High Court being Cr.M.P No.222 of 2019 wherein ad-

interim stay was granted in his favour. At para-36 the respondent

has further stated that she has preferred a Maintenance Case being

OM No.15/19 which is pending for evidence of the petitioner. The

petitioner had told that he would not pay any penny to her for her

maintenance.

75. At para-71 of her cross-examination, the respondent has

stated that in the conciliation proceeding she wanted to live with the

petitioner but the petitioner did not want to live with her. At para-

72 the respondent has stated that her husband (appellant herein) used

to say that he wants a girl who is having a job and he is having no

interest in her. At para-76 of her cross-examination, the respondent

has stated that her husband (the appellant) has brutally assaulted her

due to which she became unconscious. But she could not go to

hospital or had made any complaint to the police as she was kept

confined in the room. She has admitted that she had not done so as

2026:JHHC:21872-DB

41

she didn't want the marital relation to be destroyed. At para-150 of

her cross-examination, the respondent has denied the suggestion

that since there is an age gap in between her and her husband and,

as such, she do not want to live with him because of his dark

complexion. At para-153 the respondent has denied the suggestion

that at her in-laws' house, she used to wake up at 9 AM and harassed

her mother-in-law. At para-157 the respondent has denied the

suggestion that whenever her in-laws tried to persuade her, she

threatened to commit suicide. At para-138 the respondent has

denied instituting false criminal case under section 498A against her

husband and his relatives after notice for divorce case was served

upon her asserting that such cases were necessitated by the

petitioner’s behaviour.

76. The learned Family Court has considered the entire factual

aspect as well as settled position of law and after going through the

evidence on record has explained in detail about absence of element

of cruelty at para-11 of the impugned judgment. For ready reference,

the relevant paragraph-11 thereof is being quoted as under:

11. From close scrutiny of Section 13(1)(ia) of the Hindu

Marriage Act, 1955 it uses the words "treated the petitioner with

cruelty". The word "cruelty" has not been defined. Indeed it could

not have been defined. It has been used in relation to human

conduct or human behaviour. It is the conduct in relation to or in

respect of matrimonial duties and obligations. It is a course of

conduct of one which is adversely affecting the other. The cruelty

may be mental or physical, intentional or unintentional. If it is

physical the court will have no problem to determine it. It is a

question of fact and degree. If, it is meatal the problem presents

difficulty. First, the inquiry must begin as to the nature of the

cruel treatment. Second, the impact of such treatment in the mind

of the spouse. Whether it caused reasonable apprehension that it

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42

would be harmful or injurious to live with the other. Ultimately,

it is a matter of inference to be drawn by taking into account the

nature of the conduct and its effect on the complaining spouse.

There may, however, be cases where the conduct complained of

itself is bad enough and per se unlawful or illegal. Then the

impact or the injurious effect on the other spouse need not be

inquired into or considered. In such cases, the cruelty will be

established if the conduct itself is proved or admitted.

The expression "cruelty" has an inseparable nexus with human

conduct of human behaviour. It is always dependent upon the

social strata or the milieu to which the parties belong, their ways

of life, relationship, temperaments and emotions that have been

conditioned by their social status. Moreover, to establish legal

cruelty, it is not necessary that physical violence should be used.

Concept of cruelty differs from person to person depending upon

his upbringing, level of sensitivity, educational, family and

cultural background, financial position, social status, customs,

tradition, religious belief, human values and their values system.

Apart from this the concept of mental cruelty cannot remain

static, it is bound to change with passage of time or vice versa.

There can never be any straight jacket formula or fixed

parameters for determining mental cruelty in matrimonial

matters. (AIR 2012 SC 2586: (2012)7 SCC 288 Viswanath

Sitaranı Agrawal v. San Sarle Vishwanath Agrawal.). To

constitute cruelty, the conduct complained of should be 'grave

and weighty' so as to come tothe conclusion that the petitioner

spouse cannot be reasonably expected to live with the other

spouse. It must be something more serious than 'ordinary wear

and tear of married life'. (2005 AIR SC) 534 A. Jayachandra

versus Aneel Kaur). In a reported decision 2017(2) JBC) 301

(H.C) Tapan Ghosh V/s Lakhi Ghosh it has been held by the

Hon'ble High Court tha use of abusive language on one or two

occasions will not a fit ground for divorce. In the present suit the

evidence available on record on behalf of the petitioner husband

reveals that the cruelty as alleged by him against the respondent-

wife that she was misbehaving arrogantly with the petitioner-

husband and his parents which caused mental agony to the entire

family. Apart from this the respondent- wife lodged two separate

cases one before the Court of Ld. Chief Judicial Magistrate at

Seraikela bearing C.C. Case No. 5730/2017 corresponding to

2026:JHHC:21872-DB

43

G.R. Case No.766/2017 and the other is Original Maintenance

Case No. 15/2019 which are pending. The settled law by way of

various pronouncement by the Hon'ble Apex Court is that a

simple marital discord or simple wear and tear in matrimonial

life occurs almost in all the family but the cruelty as a ground of

divorce should be weighty and heavy degree which is lacking here

in this case as is evident that when the respondent-wife lodged

criminal case against the respondent-husband and his family

members u/s 498A I.P.C then the petitioner- husband filed the

present suit for divorce. So, bringing this suit into being is not

because of cruelty rather it has been brought in existence

otherwise as discussed herein above. Therefore, this Court do not

find that there is any serious nature of cruelty for which a decree

of divorce may be granted to the petitioner.

Issue No. III and IV: Whether the petitioner is entitled to get a

decree of divorce as prayed by him on the ground of cruelty? &

Whether the petitioner is entitled to get other equitable relief as

per settled principle?

Since the main issues nos. I & II have been decided against the

petitioner- husband as such he is not entitled to get a decree of

divorce and any other relief or reliefs

Under the above facts and circumstances as discussed herein

above and after going into the merit of the case, it is therefore,

ORDERED

that the present Original Suit No. 194 of 2017 be and the same is

hereby dismissed on contest. There will be no order as to cost.

Let a decree be prepared, accordingly.

The judgment pronounced in open Court.”

77. Thus, from the aforesaid it is evident that the learned

Family Judge has considered the fact that the appellant-husband has

miserably failed to establish the allegation of cruelty against the

respondent-wife.

78. Further, in the present suit, the evidence adduced on behalf

of the petitioner-husband indicates that the allegation of cruelty is

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44

based on the assertion that the respondent-wife behaved arrogantly

with him and his parents, thereby causing mental distress to the

family. In addition, the respondent-wife has instituted two separate

proceedings: C.C. Case No. 5730/2017 corresponding to G.R. Case

No. 766/2017 before the Court of the learned Chief Judicial

Magistrate, Seraikela, and Original Maintenance Case No. 15/2019,

both of which remain pending. The settled legal position, as laid

down by the Hon’ble Supreme Court in various pronouncements, is

that mere marital discord or ordinary wear and tear of matrimonial

life, which are common to most families, cannot constitute cruelty

within the meaning of law. For cruelty to be a ground for divorce, it

must be of a grave and serious nature. In the present case, it is

evident that the respondent-wife lodged a criminal case under

Section 498-A IPC against the petitioner-husband and his family

members, and thereafter the petitioner instituted the present suit for

divorce. Thus, the institution of this suit appears not to be a

consequence of cruelty of a serious nature but otherwise, as

discussed hereinabove.

79. Accordingly, this Court finds no sufficient ground of

cruelty warranting a decree of divorce in favour of the

petitioner-husband.

80. This Court, after examining the factual aspects in

conjunction with the settled legal position and adverting to the

reasoning recorded by the learned Family Judge in the impugned

judgment, finds that the issue of cruelty has been duly considered.

Upon appreciation of the evidence, the learned Family Judge has

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45

rightly concluded that the appellant-husband has failed to establish

the ground of cruelty against the respondent-wife.

81. This Court, upon consideration of the findings recorded by

the learned Family Judge and in light of the foregoing discussion, is

of the view that the judgment and decree so passed do not suffer

from perversity. The learned Family Judge has consciously

evaluated the evidence, both ocular and documentary, and the same

is duly reflected in the reasoning contained in the impugned

judgment.

82. This Court, therefore, is of the view that the judgment

dated 06.05.2023 and the decree signed and sealed on 15.05.2023

passed in Original Suit No.194 of 2017 by the learned Principal

Judge, Family Court, Ranchi warrant no interference.

83. Accordingly, the instant appeal stands dismissed.

84. Pending I.A(s), if any, stands disposed of.

(Sujit Narayan Prasad, J.)

I Agree.

(Pradeep Kumar Srivastava, J.)

(Pradeep Kumar Srivastava, J.)

Sudhir

Dated:23/07/2026

Jharkhand High Court, Ranchi

AFR

Uploaded on 23/07/2026.