Sanjay Kumar Jha vs Annu Devi

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.445 of 2024
======================================================
Sanjay Kumar Jha, S/O Shardanand Jha, Resident of Village- Harilochanpur,
P.S.- Sarairanjan, District- Samastipur.
... ... Appellant/s
Versus
1. Annu Devi, W/O Sanjay Kumar Jha, D/O Bindu Nath Jha, Resident of
Village - Harilochanpur, P.S.- Sarairanjan, District- Samastipur. At present
Resident of Village- Champa, P.S.- Arer, District- Madhubani.
2. Jitendra Nath Jha, S/O Raghunandan Jha, Resident of Village- Pachaur, P.S.-
Babubarhi, District- Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Shyamli Kumari, Adv.
Mr. Sunil Kumar Singh, Adv.
Ms. Ayushi Gupta, Adv.
Ms. Pragya, Adv.
For the Respondent/s : Mr. Ratanakar Jha, Adv.
Mr. Rajeev Yadav, Adv.
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
and
HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
Date : 03-09-2026
This is an appeal assailing the judgment and decree of
dismissal of M.M. Case No. 86 of 2013 renumbered as M.M.
Case No. 49 of 2017 passed by the learned Principal Judge,
Family Court, Madhubani on 04.04.2024. The husband of the
respondent no. 1 is the appellant in the instant case.
2. The learned Advocates on behalf of the appellant
and the respondent no. 1 are present. In-spite of service of
notice, respondent no. 2 is not represented.

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3. We have heard the learned counsels for the
appellant and the respondent. It appears from the record that
marriage of the appellant was solemnized with the respondent
on 02.07.2006. After marriage they lived together as husband
and wife and in the wedlock a male child was born in the year
2010.
4. It is contended on behalf of the appellant that after
the birth of the male child, the respondent meted out with
cruelty against her husband. It is alleged that the respondent had
illicit relationship with the husband of her elder sister and once
the appellant saw both of them in a compromising situation and
raised objection. Subsequently on 30.03.2013, the father of the
respondent with some other persons came to the house of the
appellant and forcibly took her away with all her personal
belongings in a Bolero car. Since then, the respondent has
deserted the appellant. Thus, on the ground envisaged in Section
13(1)(i) and 13(1)(ia) the appellant prayed for decree for
dissolution of marriage by divorce.
5. The respondent/opposite party contested the said
suit by filing a written statement, wherein she had denied all
allegations made against her by her husband. It is stated by the
respondent that the allegations of having illicit relationship with

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her own brother-in-law is concocted, manufactured and itself
amounts to cruelty. It is also stated by the respondent that in
order to solve the dispute between the parties, a local Panchayati
was held and a settlement was made, but the husband did not
pay due honour to such settlement. The written statement also
contains the counter allegation against the appellant that he tried
to commit murder of the respondent by poisoning and pleaded
that the case for divorce is out and out a false case. On the basis
of the pleadings the trial Court framed the following points for
determination :-
POINTS FOR DETERMINATION
“
7. After hearing ld. Counsels and going
through the record following points are
formulated for determination:
1. Whether the O.P. No.-1/wife
after solemnization of marriage, treated
the petitioner/husband with cruelty?
2. Whether the petitioner is entitled for
the decree of divorce? ”
6. We have considered the evidence on record laid by
the parties in the trial Court. Section 13(1) postulates a ground

of divorce if after the solemnization of marriage either of the
spouses is having sexual intercourse with a person other than
his/her spouse. The allegation against the respondent is that the
appellant saw the respondent with her brother-in-law in a

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compromised position. There is gulf of difference between the
term “ compromising position ” and “ having sexual intercourse ”.
Surprisingly enough, the appellant did not make any complaint
against his wife after the alleged occurrence. Even no sanha was
made in the local police station. No complaint was made to his
matrimonial relations. The parents and other relations of the
appellant did not come forward to assert in support of the
allegation.
7. The Madhya Pradesh High Court in Hargovind
Soni vs. Ramdulari reported in 1985 SC Online MP 109 culled
out certain guidelines to prove adultery. In paragraph no. 6 of
the judgment it is observed :-
“6. Adultery is generally proved by
presumptive proof based upon (a)
circumstantial evidence; (b) evidence of
non-access and birth of children; (c)
contracting veneral disease, and (d)
confessions and admission. In fact,
adultery is seldom susceptible of proof
except by circumstances which would
lead to that conclusion. The birth of a
child to the wife, when there was no
access to her by husband during possible
period of conception shows, no doubt, the
adultery by the wife. But, it must be
satisfactorily established that birth of the
child was clearly as a result of adulterous
intercourse. There must be a clear proof
of adultery. Standard of proof to establish
a matrimonial offence like adultery is the

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satisfaction of Court beyond reasonable
doubt. Adultery has also to be inferred
from the circumstances which exclude
any presumption of innocence in favour
of a person against whom it is alleged.
Proof of adultery must be of such
character as would lead a reasonable
man to conclude no other inference than
the misconduct. Mere probability is not
enough. No implicit reliance can be
placed on the bald statement of the
husband for recording a finding of
adultery against wife.”
8. Perusal of the above observation clearly suggests a
shift regarding evidentiary probity of a civil suit and the
allegation of adultery made in the suit for divorce. While a civil
suit including other grounds of divorce can be proved on the
basis of preponderance of probability, adultery is held to be
proved beyond reasonable doubt.
9. In the instant case, the husband failed to prove the
allegation of having sexual relationship by his wife with the
husband of her elder sister. Secondly, the entire allegation of
cruelty revolves around the case of alleged illicit relationship
and allegation and counter allegation.
10. On perusal of the pleadings of the parties, we find
that the allegations of cruelty is absolutely vague, omnibus and
cannot be considered by this Court for the reasons stated above.

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We do not find any illegality in the judgment and decree passed
by the learned Principal Judge, Family Court at Madhubani.
11. The appeal is accordingly dismissed, affirming the
judgment and decree passed by the learned Principal Judge,
Family Court at Madhubani.

(Bibek Chaudhuri, J)
(Rana Vikram Singh, J)
Supratim/Ravi-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.09.2026
Transmission Date NA