Priyanka Kumari vs Sudhir Kumar
- Court
- Patna High Court
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No. 1058 of 2025
CNR No. BRHC011304732025
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Priyanka Kumari wife of Sudhir Kumar, d/o Sunil Kumar Sah, Resident of
village- Naya Tola, Keshopur Faridpur Fandi, P.O.and P.S. Jamalpur, District-
Munger.
... ... Appellant
Versus
Sudhir Kumar son of Arun Prasad Sah, Resident of mohalla- Sadar Bazar
infront of Sangeeta Store, Steel Shop, P.S. Jamalpur, District- Munger.
... ... Respondent
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Appearance :
For the Appellant/s : Mr. Ranjan Kumar Jha, Advocate
Ms. Kumari Nitu, Advocate
For the Respondent/s : Mr. Sudhir Kumar (In person)
Mr. Rohit Raj, Advocate
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CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
and
HONOURABLE MR. JUSTICE GIRIJISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH )
Date : 02-11-2026
1. Heard Mr. Ranjan Kumar Jha, learned Advocate,
assisted by Ms. Nitu Kumari, learned counsel for the appellant,
and Mr. Rohit Raj, learned counsel for the respondent.
Mrs. Priyanka Kumari (appellant-wife) and Sudhir Kumar
(respondent-husband) are also present.
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2. The instant Miscellaneous Appeal under Section 19(1)
of the Family Courts Act, 1984 has been preferred by the
appellant-Priyanka Kumari (wife) against the judgment and
order dated 09.10.2025, passed in Matrimonial (Divorce) Case
No. 66 of 2023 by the learned Principal Judge, Family Court,
Munger (Bihar), whereby a petition under Section 13 of Hindu
Marriage Act filed by the appellant seeking decree of divorce
on the ground of cruelty and adultery against the respondent
(husband) has been dismissed.
3. Brief facts of the case, which are required to be
mentioned, are that the marriage of the appellant with the
respondent was solemnized on 15.12.2018 and from their
wedlock a female baby was born on 12.12.2019. On account
of matrimonial dispute and acrimonious relations, their
marriage was not successful. As a result thereof, appellant got
a First Information Report lodged at Jamalpur Police Station
registered as Case No. 140 of 2022 under Sections 315, 323,
324, 307, 406 / 498(A)/34 of the Indian Penal Code.
Thereafter, the appellant-wife has preferred a petition under
Section 13(i)(ia) of the Hindu Marriage Act for dissolution of
marriage before the learned Principal Judge, Family Court,
Munger, which was registered as Matrimonial (Divorce) Case
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No. 66 of 2023. In the said proceeding, the respondent-
husband appeared, but he did not file his written submission.
The learned Family Court, considering the material on record,
dismissed the above divorce petition of the appellant by the
impugned judgment and order dated 09.10.2025, which is the
subject matter of challenge in the present Miscellaneous
Appeal.
4. The appellant-wife has preferred an interlocutory
application being I.A. No. 1 of 2026 dated 03.07.2026 with the
stand that she is ready for One-Time Settlement with the
respondent-husband. Thereafter, a notice was issued to the
respondent (husband). Upon service of notice, the respondent
has put in appearance in the present case through his counsel.
Vide order dated 24.09.2026, the parties were directed to file
their personal affidavit with regard to their assets and
liabilities and in compliance of the same, they have filed their
affidavit.
5. Thereafter, the parties have settled their
dispute amicably. Accordingly, they have filed a joint
compromise petition dated 28.10.2026 before this Court,
which is on record. The relevant pages of the same are being
attached herein below:-
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6. In compliance of terms and conditions of settlement,
the respondent-husband has produced a draft of Rupees Five
Lakhs bearing DD No.121963 dated 31.10.2026 issued by the
State Bank of India, Branch Naini, Prayagraj (U.P.) in favour of
the appellant Priyanka Kumari. The said draft has been handed
over by the respondent to the appellant in the Court itself. A
photocopy of the said draft with endorsement of receipt by the
appellant is taken on record, and the same is being attached
herein below:-
7. In the above background, learned counsel for the
parties requested to dispose of this Miscellaneous Appeal in the
light of amicable settlement between them as noted above
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without entering into the merits of the case. They also submit
that the parties undertake to abide by the terms and conditions of
settlement as mentioned by them in the joint compromise
petition.
8. Under the facts and circumstances of the case, this
Court feels that the above request of the parties is liable to be
accepted.
9. Accordingly, further proceedings of Jamalpur P.S.
Case No. 140 of 2022 / G.P. No. 1107 of 2026 (State Vs. Sudhir
Kumar) pending in the Court of Judicial Magistrate, First Class,
Munger as mentioned in paragraph No. 2 of the joint
compromise petition of the parties are hereby quashed/closed.
10. The parties are permitted to file a certified copy of
this order to the learned Court below where the aforesaid
criminal case is pending.
11. Needless to say that both the parties will abide by
the terms and conditions of settlement and in future they will not
file any case against each other relating to their matrimonial
dispute.
12. In view of the above, the impugned judgment and
order dated 09.10.2025 is set aside. The marriage between the
parties is dissolved. The instant Miscellaneous Appeal stands
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allowed based on compromise.
13. The decree be drawn accordingly.
(Sanjay Kumar Singh , J)
( Girijish Kumar, J)
Saif/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 04.11.2026
Transmission Date 04.11.2026