Tanuja SinhaversusPankaj Yadav

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Miscellaneous Appeal No.759 of 2012
                  ======================================================
                  Tanuja Sinha, W/O Sri Pankaj Yadav, And D/O Late Brij Nandan Prasad
                  Resident Of Mohalla Chakaram, P.S. Budha Colony In The Town And District
                  Of Patna.

                                                                           ... ... Appellant/s
                                                 Versus
                  Pankaj Yadav, S/O Late R.P. Yadav U. Resort Estate, P.S. Sushant Lok,
                  Gurgaon, Hariyana.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :     Mr.Jagnnath Singh, Advocate
                                               Mr.Shivnandan Bharti, Advocate
                                               Mr.Deepak Kumar, Advocate
                                               Mr.Padmnabl Kashyap, Advocate
                  For the Respondent/s   :     Mr.Sanket, Advocate
                                               Mr.Tejas Vatsa, Advocate
                                               Mr.Navin Kumar Singh, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                          and
                          HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)

23   26-03-2026                   This is an appeal filed by the respondent/wife against

                    her husband, assailing a judgement and decree of divorce,

                    passed by the learned Principal Judge, Family Court, Patna on

                    28th of September, 2012. At the outset, let us described the

                    chequered background of this appeal. The instant appeal was

                    filed against the judgement and decree of divorce, dated 28th of

                    September, 2012 on 16th of October, 2012. The argument was

                    heard by a Division Bench comprising of Hon’ble Mr. Justice
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          Dr. Ravi Ranjan (as His Lordship then was) and Hon’ble Justice

          S. Kumar on 6th of December, 2017 and delivery of judgement

          was reserved by the concerned Bench. Subsequently, on transfer

          of Hon’ble Dr. Justice Ravi Ranjan, the record of the instant

          appeal was not listed till 11th of April, 2025. On 11th of April,

          2025, this appeal was listed before Hon’ble Mr. Justice P. B.

          Bajanthri (as His Lordship then was) and Hon’ble Mr. Justice S.

          B. Pd. Singh. The said Bench passed an order requesting

          Hon’ble the Acting Chief Justice to pass a formal order

          assigning the appeal to the Bench. Subsequently, on 18th of

          March, 2026, the appeal was listed before this Bench.

                      2. In the meantime, the appellant moved before the

          Hon’ble Supreme Court in Writ Petition (s) (Civil) No (s) 293 of

          2026 and The Hon’ble Supreme Court was pleased to direct the

          Hon’ble the Chief Justice, Patna High Court to list the instant

          appeal at the top of the list before an appropriate Bench to make

          an endeavor to decide the appeal within 3 months. Subsequently,

          the appeal was listed before us. On that day the appellant prayed

          for adjournment.

                      3. We fixed the matter specially today for hearing.

                      4. The learned arguing counsel on behalf of the

          appellant and the respondent are present.
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                       5. The appeal is taken up for hearing.

                       6. We have heard the learned Advocate for the

          appellant.

                       7. It is submitted by the learned Advocate on behalf of

          the appellant that marriage of the appellant was solemnized with

          the respondent on 11th of May, 1995. In the said wedlock a male

          child was born on 7th of January, 1999. Subsequently, the

          respondent herein filed Matrimonial Case No. 50 of 2002 before

          the learned Principal Judge, Family Court, Patna, praying for

          dissolution of marriage by a decree of divorce against his wife.

          The said suit was decreed on contest and marriage was declared

          to be dissolved by a decree of divorce under Section 13 (1) (i-a)

          of the Hindu Marriage Act. The present appeal challenges the

          above-mentioned judgement and decree passed by the learned

          Principal Judge, Family Court, Patna.

                       8. Learned Advocate on behalf of the appellant / wife,

          at the outset, submits that marriage between the parties were

          dissolved on the ground of cruelty as envisaged in Section 13

          (1) (i-a). It is submitted by him that without going through the

          various factual aspects urging as to whether there were acts of

          cruelty between the parties, it is an admitted position that for

          last 25 years, the appellant and the respondent are living
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          separately. The son of the appellant is being reared and

          maintained by the mother / appellant. The said son is now aged

          about 27 years. He is studying abroad and it is contended on

          behalf of the appellant that the expenditure of his studies are

          borne partly by pending loan obtained by the mother and partly

          by his maternal grand-father. Since the parties have no

          matrimonial relationship for the last 25 years and the respondent

          even failed to comply with the direction of the Trial Court to

          make payment of alimony at the rate of Rs. 4,000/- per month to

          the wife and Rs. 1,000/- per month to the son of the parties since

          2012, the act of the respondent itself is an act of cruelty.

                      9. It is held in plethora of decisions by the Apex Court

          as well as various High Courts that uninterrupted desertion by

          both the parties amount to cruelty.

                      10. On such submission, the learned Advocate on

          behalf of the appellant submits that the appellant has no

          grievance if the impugned judgement is affirmed and marital tie

          between the parties is severed.

                      11. Obviously, the learned Advocate on behalf of the

          respondent also admits that the respondent does not have any

          objection if the impugned judgement is affirmed.

                      12. Considering such submission made by the learned
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          Counsels for the parties, we are of the view that since there was

          no marital relationship between the parties for the last 25 years

          and the they did not live together even for a single day during

          the said period, the continuous separation and abandonment of

          both the spouses to each other permanently is a ground of

          excessive cruelty for which the respondent was granted

          dissolution of marriage by a decree of divorce.

                      13. We do not have any alternative opportunity to take

          a different view from what has been taken by the learned Court

          below.

                      14. Therefore, the instant appeal is dismissed.

                      15. The judgement of the Trial Court is affirmed on

          the ground and observation stated in the impugned judgement as

          well as on grounds stated by us Decree of divorce be drawn up

          accordingly.

                      16. However, the instant appeal does not end with

          above judgement. This Court requires to adjudicate the issue of

          permanent alimony and maintenance under Section 25 of the

          Hindu Marriage Act.

                      17. Therefore, both the appellant and the respondent

          are directed to file affidavit of assets and liabilities in terms of

          the guidelines, contained in Rajnesh v. Neha & Anr. reported in
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                    (2021) 2 SCC 324 and Aditi @ Mithi v. JiteshSharma, reported

                    in 2023 SCC Online SC 1451, by 9th of April, 2026.

                                18. The prayer under Section 25 of the Hindu

                    Marriage Act shall be considered on the next date fixed.




                                             (Bibek Chaudhuri, J)


                                          ( Chandra Shekhar Jha, J)
uttam/-

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