Patna High Court
Namo Narayan ChoubeyversusPriyanka Devi @ Babli
- Decided
- Disposal
- DISPOSED
Holding
The appeal is dismissed because the appellant failed to prove any ground for divorce under Section 13 of the Hindu Marriage Act.
Summary
The appellant, Namo Narayan Choubey, filed a matrimonial appeal under Section 19(1) of the Family Courts Act seeking a decree of divorce against his wife Priyanka Devi, alleging non‑consummation, cruelty, and her prior marriage. The trial court dismissed the case, finding that the marriage was consummated, the parties had cohabited as husband and wife, and there was no evidence of cruelty. On appeal, the High Court examined the six issues framed by the trial court, including the maintainability of the suit, existence of a valid cause of action, and whether the appellant proved any ground for divorce under Section 13 of the Hindu Marriage Act. The appellate court upheld the trial court’s findings, noting that the appellant failed to establish any statutory ground for divorce and that the respondent’s supplementary affidavit showed she did not seek alimony or dissolution. Consequently, the appeal was dismissed with costs and the original dismissal decree was affirmed.
Issues considered
- Whether this matrimonial case as framed is maintainable
- Whether the petitioner has a valid cause of action to file this case
- Whether the petitioner was subjected to cruelty by the opposite party
- Whether the opposite party has illicit relation with others prior to the marriage
- Whether the petitioner is entitled to a decree of divorce
- To what other relief or reliefs, if any, the petitioner is entitled to
Legislation cited
- Family Courts Act — s. 19(1)
- Hindu Marriage Act — s. 13
- Indian Penal Code — s. 498A
Subjects
- divorce
- cruelty
- consummation
- Hindu marriage
- Family Courts Act
- appeal
- dowry
- Section 498A
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.53 of 2023
======================================================
Namo Narayan Choubey, Son of Sri Ram Chaubey, Resident of Village-
Pandey 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
======================================================
Appearance :
For the Appellant/s : Mr.Sanjay Kumar, Advocate
For the Respondent/s : Mr.Arvind Kumar Pradhan, Advocate
======================================================
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.
2. Factual background leading to the instant appeal is
that the marriage of the appellant was solemnized with the
respondent according to Hindu Rites and Ceremonies on 2 nd of
June, 2013 at Buxar. After marriage, the appellant and his newly
wedded wife came to his house on 3 rd 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.
3. The respondent filed written statement in the Trial
Court admitting the date of marriage with the appellant but
denied all material allegations made out against her from the
very beginning of marriage. It is submitted by her that from the
very beginning, the appellant and his family members were not
cordial towards the respondent as her father could not satisfy
illegal demand of dowry. On 10th of August, 2013, the appellant
and his family members physically assaulted the respondent and
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.
4. On the basis of the pleadings of the parties, the
learned Trial Court framed as many as six issues as hereunder:-
“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?”
5. During trial father of the appellant and appellant
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.
6. On independent appreciation of evidence, this
Court finds that the P.W. 2 stated on oath that his marriage with
the respondent was not consummated. It is also stated by him
that the behavior of the respondent was not cordial towards him.
Occasionally, there were quarrels between P.W. 2 and his wife.
It is ascertained from the evidence of P.W. 1, father of the
appellant that he spent Rs. 5 Lakhs in the marriage of his son
and the respondent. He heard from the appellant that the
marriage with the respondent was not consummated.
7. The said fact was denied on oath by P.W. 3. It is
specifically stated by the P.W. 3 that she was subjected to
physical and mental torture by the appellant. It is further
claimed by the respondent that had the marriage not been
consummated between the parties, there would not have been
any occasion for the appellant to meet the respondent even
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.
8. In view of such evidence, this Court does not finds
any reason in support of the case of the appellant. Marriage
between the appellant and the respondent was duly
consummated. They stayed together as husband and wife and
there is absolutely no evidence of cruelty against the respondent.
9. In course of hearing of instant appeal, the
respondent has filed a supplementary affidavit, stating, inter
alia, that she has been working as a contractual teacher in a girls
school at Kankarbagh, Patna. She earns Rs. 35,000/- per month
and the said amount is enough for her livelihood. She does not
want any alimony from her husband. However, she does not
want dissolution of marriage with the appellant on the ground
that in tradition bound Hindu family marital tie is considered as
a sacred bond made in heaven in order to maintain her social
status before her family members and society at large. The
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.
10. We give due honor to the sentiment of the
respondent. At the same time, we find that the Trial Court did
not commit any error in dismissing the matrimonial case filed
by the appellant because the appellant failed hopelessly to prove
any of the grounds mentioned in Section 13 of the Hindu
Marriage Act for which he deserved to get a decree of divorce.
11. As a result, the instant appeal is dismissed with
cost.
12. The judgement and decree of dismissal of the
Matrimonial Case No. 129 of 2014 passed by learned Principal
Judge, Family Court, Buxar vide a judgement and decree dated
16.11.2022 and 22.11.2022, respectively, is affirmed.
(Bibek Chaudhuri, J)
( Chandra Shekhar Jha, J)
uttam/-
U
Checking your session…