Rohit Gupta vs Rupa Gupta
2025 Latest Caselaw 7502 Jhar

Jharkhand High Court

Rohit Gupta vs Rupa Gupta on 4 December, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

                                               2025:JHHC:36596-DB




IN THE HIGH COURT OF JHARKHAND AT RANCHI
                F.A.No. 135 of 2024
Rohit Gupta, aged about 24 years, Son of Shiv Kumar Gupta,
Resident of Birsa Mini Chowk, Manoharpur, P.O. and P.S.-
Manoharpur,     District-  West    Singhbhum,    Chaibasa
(Jharkhand).                 ...               ... Appellant
                Versus
Rupa Gupta, aged about 20 years, Daughter of Late Santosh
Gupta, Wife of Rohit Gupta, Resident of New Mahanti
Building, Indira Nagar, Manoharpur, P.O. and P.S.-
Manoharpur, District- West Singhbhum (Jharkhand); at
present residing at Bazar Hat, Near Bank of India,
Manoharpur, P.O. a nd P.S. Manoharpur, West Singhbhum,
Chaibasa (Jharkhand).       ...             ... Respondent
                ...

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI

For the Appellant : Mr. Rajendra Prasad Gupta, Advocate For the Respondent : Mr. Bibhav Kumar Singh, Advocate ...

Order No.06/dated 04.12.2025

The instant appeal preferred under Section 19 (1) of the

Family Courts Act is directed against the Judgment dated

29.05.2024 passed by the learned Principal Judge, Family

Court, Chaibasa in Original Suit No. 25 of 2024 whereby and

whereunder the petition filed by the appellant under Section

12 (1) (C) of the Hindu Marriage Act, 1955 was dismissed on

contest.

2. The suit has been filed under Section 12 (1) (C) of the

Hindu Marriage Act, 1955 for declaration of marriage to be

nullity in the eye of law on the ground that the marriage was

solemnized on force.

2025:JHHC:36596-DB

3. The learned Trial Court has not found the sufficient

evidence to prove the element of content as referred in Section

12 (1) (B) (C) of the Hindu Marriage Act, 1955 and the suit

has been dismissed.

4. Learned Counsel appearing for both the parties have

shown their willingness that both of them do not want to live

together.

5. This Court is of the view that if that be so then the

remedy lies is i.e. by filing an application under Section 13 (b)

of the Hindu Marriage Act it is for the reason that if the

learned Trial Court has passed the Judgment after taking into

consideration the evidence in entirety which has not found to

be perverse but even then if both the parties are not intending

to live together then the remedy since is available under

Section 13 (b) of the Hindu Marriage Act, 1955, the same may

be availed by both the parties.

6. This Court, therefore, without interfering with the

impugned Judgment and as per the prayer made on behalf of

both the parties are granting liberty to the parties to make an

application under Section 13 (b) of the Hindu Marriage Act,

1955 which is to be filed after completion of the period of two

years which is going to be crossed shall be considered in

accordance with law.

2025:JHHC:36596-DB

7. Accordingly, the instant appeal is disposed of with the

aforesaid observation.

(Sujit Narayan Prasad, J.)

(Arun Kumar Rai, J.) Dated 4th December, 2025 P.K.S./Suman