Jharkhand High Court
Puja Kumari vs Rahul Kumar Vishwakarma on 5 May, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Rajesh Kumar
2025:JHHC:13491-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No. 87 of 2024
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Puja Kumari, age about 21 years, wife of Rahul Kumar Vishwakarma,
D/o Pradeep Munda, resident of village- Korra, P.O. + P.S.-Korra, Dist.-
Hazaribag, Jharkhand, presently residing at Musan Saw Gali, P.O. + P.S.-
Korra, Dist.- Hazaribag, Jharkhand. ... Petitioner/Appellant
Versus
Rahul Kumar Vishwakarma, age about 26 years, son of Jagdish
Vishwakarma, resident of village-Korra, P.O. + P.S. - Korra, Dist. -
Hazaribag, Jharkhand ... Respondent/Respondent
CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellant : Mr. Santosh Kumar Soni, Advocate
For the Respondent : Mr. Pradeep Kumar, Advocate
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07/Dated: 5th May, 2025
1. This appeal has been filed under Section 19 of the Family Courts Act,
1984 against the judgment dated 09.02.2024 and the decree dated
29.02.2024 passed in Original Suit No.250 of 2023 by the learned
Principal Judge, Family Court, Hazaribag (in short, Family Judge)
whereby and whereunder the suit/petition filed by the appellant-
wife under section 27(1) (d) of Special Marriage Act, 1954 for
dissolution of marriage, on the ground of cruelty, has been rejected
by the learned Family Judge by dismissing the suit.
2. The matter was heard by a Co-ordinate Bench on 09.12.2024 and
ordered to issue the notice to the respondent-husband.
3. The respondent-husband has appeared in the present proceeding
and filed Vakalatnama.
4. It has been submitted by the learned counsel appearing for the
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respondent-husband that a counter-affidavit has been filed on
02.05.2025, serving the copy of the same upon the learned counsel
appearing for the appellant-wife.
5. It has been stated therein as has been pointed out by the learned
counsel appearing for the respondent-wife that both the parties have
been living separately and even no conjugal relationship has been
established since their marriage, as such, the respondent-husband
does not want to live with the appellant-wife.
6. It is also stated that there is no objection if the present appeal will be
allowed by this Court.
7. Learned counsel appearing for the appellant-wife has submitted that
in view of the specific submission made in the counter-affidavit, the
marriage solemnized between both the parties may be dissolved by
modifying the impugned judgment.
8. Learned counsel for the respondent-wife has submitted that
appropriate order to that effect may be passed.
9. We have heard learned counsel for the parties and considered the
findings recorded by the learned Family Judge in the impugned
judgment.
10. The counter-affidavit has been filed in the present proceeding and
the following statements have been made which is necessary to be
referred herein. For ready reference, the same is being quoted
hereinbelow:
"4. That it is stated that since the marriage both the parties
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have been living separately and even no conjugal relationship
has been established between them since their marriage.
5. That it is stated that as both the parties have been living
separately since their marriage and, hence, respondent also
does not want to live with appellant.
6. That it is stated that respondent is having no objection, if the
present appeal of appellant will be allowed by this Hon'ble
Court."
11. This Court is conscious that the decree for divorce, on the basis of
the mutual consent is to be filed under Section 28 of the Special
Marriage Act before the learned Family Court, Hazaribagh.
12. The said order can also be passed relegating the parties to approach
before the learned Family Judge.
13. Learned counsel for both the parties have submitted that due to
rejection of the suit filed for dissolution of marriage both the parties
are suffering since they are not in a position to live their own
independent life as per their wish.
14. It has also been submitted that the application under Section 28 of
the Special Marriage Act can also be filed but the same will again be
time consuming and, hence, if the respondent-husband is ready for
dissolution of marriage as per the averments made in the counter-
affidavit, the impugned judgment may be modified on the basis of
the consent of the respondent-husband to which the appellant-wife
is agreed too.
15. This Court, considering such submission, is of the view that instead
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of asking the party to file an application under Section 28 of the
Special Marriage Act which will be again time-consuming and not
only that it will also the wastage of Court's time in the circumstances
wherein as per the stand, inter-alia, taken in the counter-affidavit by
the respondent-husband. This Court, therefore, deems it proper to
pass the order for dissolution of marriage of the parties by
modifying the impugned judgment.
16. This Court, therefore, is of the view that the marriage between the
parties solemnized on 28.06.2022 under the Special Marriage Act is
to be dissolved on mutual consent of the parties, henceforth.
17. Ordered accordingly.
18. In the result, the impugned judgment dated 09.02.2024 and the
decree dated 29.02.2024 passed in Original Suit No.250 of 2023
passed by the learned Family Judge is modified to the extent as
aforesaid.
19. In view of the above, the instant appeal stands allowed to the
aforesaid extent and disposed of as such.
20. Let a decree be prepared accordingly.
21. Pending I.As, if any, stands disposed of.
(Sujit Narayan Prasad, J.)
(Rajesh Kumar, J.)
Samarth
