Patna High Court
Wasim Akram @ Md. Wasim Akram vs Ishrat Parween on 28 August, 2025
Author: Shailendra Singh
Bench: P. B. Bajanthri, Shailendra Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.736 of 2023
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Wasim Akram @ Md. Wasim Akram, Son of Late Moinul Haque, Resident of
village - Sugia Katsari, P.S. and District - Sheohar.
... ... Appellant/s
Versus
Ishrat Parween, Daughter of Sheikh Sikandar, Wife of Wasim Akram,
Resident of Village - Marwa Pakar Kukuriya, P.O. Bakhara, P.S. - Saraiya,
District- Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Md. Anisur Rahman, Adv.
For the Respondent/s : Mr. Dr. Bipin Chandra, Adv.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE SHAILENDRA SINGH)
Date : 28-08-2025
The instant Misc. Appeal has been preferred against
the judgment dated 28.03.2023 and the decree dated 01.04.2023
passed by the learned Principal Judge, Family Court, Sheohar in
Matrimonial Case No. 41 of 2022, by which the matrimonial
case filed by the appellant for dissolving the matrimonial
relationship between him and the respondent by way of a decree
of divorce has been dismissed.
2. Mr. Md. Anisur Rahman, learned counsel appearing
for the appellant, has submitted that the respondent is the legally
wedded wife of the appellant, their marriage took place on
07.04.2018
. After the marriage, the respondent came to her
Patna High Court MA No.736 of 2023
matrimonial house to live a conjugal life with the appellant, but
her attitude at the appellant's house was not normal, she behaved
cruelly as she is the only daughter of her parents. The
respondent never wanted to live in her matrimonial house with
the appellant, nor did she have respect for the appellant and his
family members. With the passage of time, a son was born from
their conjugal relationship on 24.04.2019. Thereafter, on
18.04.2020, the father of the respondent came to the appellant's
house and spoke to him aggressively, stating that he would take
the respondent to his house. Accordingly, he took the respondent
with him. After that, on 18.07.2020, the respondent came to the
appellant's village to live at her matrimonial house, but again,
on 03.09.2020, her father suddenly came to the appellant's
house and tried to take the respondent away. However, due to
opposition by the appellant and his family members, the
respondent's father left after threatening them with dire
consequences. On 07.12.2020, the respondent's father again
came to the appellant's house and, in his absence and without
giving any information to him, took the respondent along with
all her belongings, with the intention of breaking all relations
with the appellant. Finally, the respondent left the appellant's
house on 07.12.2020. Thereafter, the appellant went to his
Patna High Court MA No.736 of 2023
wife's house on 03.03.2021 and requested her parents to allow
the respondent to return to her matrimonial home, but they did
not consider his request, so he had to return. As per the
appellant, he met with an accident on 10.06.2021 and was
admitted to SKMCH, Muzaffarpur, but during that period,
neither his wife nor her parents came to see him. Subsequently,
the appellant and his brother, namely Shahid Prawez, went to
the respondent's house on 03.09.2021 to bring her back, but she
flatly refused, and her parents also did not allow her to go with
him. They misbehaved with the appellant and his brother and
threatened to implicate them in a false dowry case. According to
the appellant, he made one last attempt on 03.10.2022 to bring
her back, but she again refused.
3. It has further been submitted by the appellant's
counsel that the appellant produced four witnesses before the
Family Court, all of whom fully supported his case. The
respondent did not appear before the Family Court despite
notices being served to her, and consequently, the appellant's
case was proceeded ex parte, as per the order dated 21.03.2023.
Even then, the learned Family Court, Sheohar, dismissed his
case without appreciating these facts, the conduct of the
respondent, and the evidence adduced by the appellant.
Patna High Court MA No.736 of 2023
4. On the other hand, Mr. Dr. Bipin Chandra,
learned counsel appearing for the respondent, has submitted that
the matrimonial suit filed by the appellant has been rightly
dismissed by the learned Family Court, and there are sufficient
grounds to justify this decision, which have been considered by
the learned family court. Firstly, regarding the appellant's final
attempt, as pleaded by him, to bring the respondent back, the
appellant made contradictory statements about the date of that
particular incident, which was rightly taken into account by the
learned Family Court. Further, there are serious contradictions
among the testimonies of the appellant's witnesses concerning
the matrimonial allegations. It has also been argued that
although the learned Family Court proceeded ex parte in the
appellant's matrimonial suit, and the respondent did not get an
opportunity to rebut the allegations, however, the materials
available on the record are sufficient to justify dismissal of the
appellant's suit.
5. We have heard both the sides, perused the
pleadings of the appellant, the depositions of his witnesses, and
also gone through the impugned judgment.
6. The learned Family Court proceeded ex parte
against the respondent in the appellant's matrimonial suit, as the
Patna High Court MA No.736 of 2023
respondent did not appear despite all processes having been
exhausted to inform her of the suit. During the course of the
argument, learned counsel for the respondent did not point out
any illegality in the Family Court's order dated 28.03.2023, by
which the case was proceeded ex parte. Therefore, the
respondent is not entitled to have the impugned judgment and
decree set aside solely on that ground. Though an ex parte
decree has the same effect as a contested decree, however the
court should be cautious when deciding matrimonial cases ex
parte, as legal dissolution of marriage can be emotionally and
legally complex. Divorce affects various rights, such as
property, child custody, and the legality of subsequent marriage.
Although the appellant's suit was dismissed despite the ex parte
proceeding, however we would examine whether the dismissal
is sustainable in the eyes of law or not.
7. The appellant has primarily alleged that the
respondent was unwilling to live with him, despite several
efforts made by him to bring her back. The appellant has
provided specific dates of his efforts and incidents to support his
claims. He has also highlighted ill-treatment given by the
respondent and her family with him and his family members.
Four witnesses, including the appellant himself, were examined
Patna High Court MA No.736 of 2023
in support of these allegations. However, the learned Family
Court dismissed the suit mainly due to some contradictions in
the appellant's statements regarding the date of his final attempt
to bring back the respondent. This approach was improper. The
testimonies of the appellant's witnesses should have been
evaluated comprehensively to determine whether the
respondent's separation was justified or not and whether her
alleged conduct amounted to mental cruelty with the appellant
or not. The learned Family Court gave no such findings and
appears to have decided the matter hastily without properly
appreciating the evidences adduced by the appellant. The
learned family court reiterated the facts stated by the witnesses
in examination-in-chief and cross examination in four pages but
evaluated their evidence in less than one page, indicating a
casual approach.
8. For the aforesaid reason and in the interest of
justice and for a fair decision, we are not inclined to uphold the
impugned judgment and decree. Accordingly, both are set aside,
and the matter is remitted back to the Family Court, Sheohar,
with a direction to decide the appellant's matrimonial suit afresh
without being prejudiced with the aforesaid observations.
9. The respondent will be given an opportunity to
Patna High Court MA No.736 of 2023
file her written statement before the Family Court within thirty
days from the date of receipt of a copy of this judgment.
Thereafter, the appellant shall be given an opportunity to adduce
an additional evidence, if he so desires. The respondent shall
also be given an opportunity to cross-examine the appellant's all
witnesses and to produce her own oral and documentary
evidence in support of her pleadings, if she so desires, in this
regard, three dates shall be allotted to the respondent. The
learned Family Court shall positively decide the appellant's
matrimonial suit within six months as per the above directions.
(Shailendra Singh, J)
I agree. (P. B. Bajanthri, J)
annu/-
AFR/NAFR AFR
CAV DATE 21.08.2025
Uploading Date 28.08.2025
Transmission Date N.A.
