Sovit Kumar Saurabh Alias Shobhit Kumar Saurabh Alias Shobit Kumar Saurabh vs Rashmi Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.741 of 2024
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Sovit Kumar Saurabh Alias Shobhit Kumar Saurabh Alias Shobit Kumar
Saurabh Son of Sri Uma Nath Sharma Resident of Mohalla- Bhagwan Bazar,
Bharat Milap Chowk, P.S.- Bhagwan Bazar, District- Saran (Chapra).
... ... Appellant/s
Versus
Rashmi Kumari Wife of Sri Sovit Kumar Saurabh Alias Shobhit Kumar
Saurabh Alias Shobit Kumar Saurabh Daughter of Late Ram Singar Sharma,
Resident of Mohalla- Purbi (East) Gola Road, P.S.- Danapur, District- Patna.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Manish Kumar No.13, Advocate
Mr. Rohit Kumar, Advocate
For the Respondent/s : None
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
and
HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
Date : 27-08-2026
Learned Counsel on behalf of the appellant is present
and no one appears on behalf of the respondent.
2. This is an Misc. Appeal filed by the husband/
appellant against his wife/respondent assailing a judgment and
decree of dismissal of Matrimonial Case No.4974 of 2014
passed by the learned Additional Principal Judge, Family Court,
Patna on 08.08.2024.
3. The marriage of the appellant was solemnized with
the respondent on 29.01.2007. At the time of marriage, the
appellant used to work in Pune in the State of Maharashtra.

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After marriage, the respondent became mentally fatigued due to
the absence of her husband. In the meantime, the respondent
gave birth to a child, who at the time of institution of the suit
was aged about 3½ years. Since, the mother of the appellant was
paralyzed and completely bedridden, the respondent was
compelled to stay at her matrimonial home while the appellant
used to work in Pune. When the appellant found that his wife
started ill behaving with her mother and other matrimonial
relations, he proceeded for Pune with his wife and minor child
on 28.09.2009. While they were in journey, the respondent got
down from the train at night when the appellant was sleeping on
the upper berth taking her minor child and all her bag and
baggage. After sometime, the appellant woke up and did not
find his wife and child, he asked the co-passengers and they
informed that his wife and child got down from the train at Itarsi
Railway Station. He also got down from the train at Khandwa
Railway Station and informed disappearance of his wife to the
railway police at Khandwa Railway Station. Thereafter, the
appellant came to know that his wife came to Chapra and took
shelter at her paternal home. She also filed Bhagwan Bazar P.S.
Case No.262 of 2009 on 01.10.2009 under Sections 307/34,
498A of the I.P.C. and 3/4 of the Dowry Prohibition Act, in
which final report has been filed. Against the final report, the

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appellant filed a Narazi Petition on the basis of the said protest
petition, the learned Magistrate took cognizance of offence and
the said case is pending. The appellant requested the father of
the respondent to send her back with him but he flatly denied
and abused her with filthy language.
4. The respondent contested the said suit by filing a
written statement, it is submitted by her that since few days of
her marriage, the respondent treated with him with cruelty for
his cruel treatment and behavior, he did not allow the appellant
to lead his matrimonial life. The respondent became ill,
thereafter, the appellant took him for few days to Delhi and after
few months she was send back to Chapra. Even in Delhi, the
respondent was subjected to physical and mental tortured. On
18.10.2007, a settlement was arrived at between the parties,
however, the appellant drove her away from his house. It is also
stated that on the way to Pune, she was pushed from behind
from the running train by her husband somehow their life's were
saved and since then she has been residing at her paternal home.
5. It is found from the record that the respondent has
been residing at her paternal home since 29.09.2009. Since then
there was no conjugal relationship between the parties. The
learned Trial Judge dismissed the suit on the ground that until
and unless the case under Section 498A of the I.P.C. is decided

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it would not be possible to hold for him as to whether the
respondent was subjected to cruelty or not.
6. In our considered view, the said ground is
absolutely erroneous and cannot be accepted by this Court. A
judgment in a criminal trial in a case of cruelty does not prove
cruelty within the meaning of Section 13(1)(i-a) of the Hindu
Marriage Act. In a Civil Suit, it is the duty of the parties to
prove the allegation on preponderance of probability.
7. If we consider the evidence on record on the basis
of preponderance of probability, we find that there is no
relationship of marriage between the parties and, as such the
relationship is already dead.
8. In Rakesh Raman Vs. Kavita reported in (2023) 17
SCC 433 as well as in Nayan Bhowmick Vs. Aparna
Chakraborty (Civil Appeal No.5167 of 2012) , the Hon'ble
Supreme Court granted divorce on the ground of irretrievable
breakdown of the marriage. Therefore, it is argued that the
marriage should be dissolved by deeming the irretrievable
breakdown of the marriage between the parties to be cruelty,
coming within the contemplation of Section 13(1)(i-a) of the
Hindu Marriage Act.
9. Even in Nishi Kant Singh @ Amit Kumar Singh
Vs. Sunita (Misc. Appeal No.147 of 2017) decided on

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24.07.2025, a Coordinate Bench of this Court held that a long
period of continuous separation, where the matrimonial bond is
beyond repair and the marriage has become a mere legal fiction
can by itself constitute mental cruelty under Section 13(1)(i-a)
of the Hindu Marriage Act, 1955. Refusing to sever the marital
tie in such a scenario shows a scant regard for the feelings and
emotions of the parties and perpetuous misery, thereby justified
the dissolution of marriage.
10. The instant appeal was heard previously on the
point of conciliation regarding payment of permanent alimony.
By an order dated 02.04.2026, this Court directed the
respondent to appear personally on 09.04.2024 to submit as to
whether she is ready to the proposal for one time settlement
which may be fixed at the highest side to the tune of
Rs.32,00,000/- (Rupees thirty two lacs only) subject to the
settlement between the parties. Though, it is not recorded in the
order the amount of permanent alimony was fixed at
Rs.32,00,000/- (Rupees thirty two lacs only) keeping in view
that the appellant has already paid Rs.22,00,000/- (Rupees
Twenty two lacs only) towards maintenance of the wife and the
said amount shall be adjusted against permanent alimony.
11. It is submitted by the learned Advocate on behalf
of the appellant that the appellant is still ready to pay the said

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sum of Rs.32,00,000/- (Rupees thirty two lacs only) to the
respondent. However, due to the absence of the respondent, the
Court is not in a position to pass any order.
12. Since, the respondent is not present, we have no
opportunity to here him out on the point of permanent alimony.
Therefore, we finalize our proposal dated 12.04.2026 and direct
that on dissolution of marriage by decree of divorce, the
appellant shall pay a sum of Rs.32,00,000/- (Rupees thirty two
lacs only) to the respondent/wife in two equal monthly
installment, subject to submission of Bank Account by the
respondent/wife.
13. Accordingly, the instant appeal is allowed and the
marital tie between the appellant and respondent is dissolved by
a decree of divorce.
14. Office is directed to prepare a decree forthwith.

(Bibek Chaudhuri, J)
( Rana Vikram Singh, J)
mdrashid/-
AFR/NAFR N/A
CAV DATE N/A
Uploading Date 31.08.2026
Transmission Date 31.08.2026