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Sangita Kumari vs State Of Bihar And Anr
2025 Latest Caselaw 2432 Patna

Citation : 2025 Latest Caselaw 2432 Patna
Judgement Date : 26 March, 2025

Patna High Court

Sangita Kumari vs State Of Bihar And Anr on 26 March, 2025

Author: P. B. Bajanthri
Bench: P. B. Bajanthri
         IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Miscellaneous Appeal No.307 of 2015
     ======================================================
     Sangita Kumari, wife of Surendra Kumar Himansu, daughter of Binod Yadav,
     resident of Village-Tahbal Bigha, P.O-Chhoriyari, P.S.-Makdumpur, District-
     Jehanabad, at present, residing at Village-Alua Bigha, P.S.-Makdumpur,
     District-Jehanabad

                                                                        ... ... Appellant/s
                                          Versus

     1. Surendra Kumar Himansu, son of Ram Dahin Yadav, resident of Village-
        Tahbal Bigha, P.O-Chhoriyari, P.S.-Makdumpur, District-Jehanabad
     2. Shailendra Kumar @ Akash Kumar, son of Sheojanam Yadav, resident of
        Village-Tehbal Bigha, P.S-Makhdumpur, District-Jehanabad

                                                 ... ... Respondent/s
     ======================================================
                               with
                  CRIMINAL REVISION No. 584 of 2015
                   Arising Out of PS. Case No.- Year-1111 Thana- District-
     ======================================================
     Sangita Kumari, wife of Surendra Kumar Himansu, daughter of Binod Yadav,
     at present residing at Village-Alva Bigha P.S.-Makdumpur, District-
     Jahanabad.

                                                                        ... ... Petitioner/s
                                          Versus

1.   The State of Bihar
2.   Surendra Kumar Himansu, son of Ramdahin Yadav, resident of Village-
     Tahbal Bigha, P S.-Makdumpur, District-Jehanabad, posted in Air-force
     Station Kanpur, Chakeri, Uttar Pradesh

                                                 ... ... Respondent/s
     ======================================================
                               with
                  CRIMINAL REVISION No. 618 of 2015
                   Arising Out of PS. Case No.- Year-1111 Thana- District-
     ======================================================
     Surendra Kumar Himanshu, son of Ram Dahin Yadav, resident of Village-
     Tahbal Bigaha, P.S.- Makhdumpur, District- Jehanabad

                                                                        ... ... Petitioner/s
                                          Versus

1.   The State of Bihar
2.   Sangita Kumari, daughter of Binod Yadav, resident of village- Alua Bigha,
     P.S.- Makhdumpur, District- Jehanabad
 Patna High Court MA No.307 of 2015 dt.26-03-2025
                                           2/23




                                                 ... ... Respondent/s
       ======================================================
       Appearance :
       (In Miscellaneous Appeal No. 307 of 2015)
       For the Appellant/s    :        Mr. Uday Kumar, Adv
       For the Respondent/s   :        Mr.
       (In CRIMINAL REVISION No. 584 of 2015)
       For the Petitioner/s   :        Mr.Uday Kumar, Adv
       For the Respondent/s   :        Mr.Lalan Kumar, APP
       (In CRIMINAL REVISION No. 618 of 2015)
       For the Petitioner/s   :        Mr. Dr. Binay Kumar Singh, Adv
       For the Respondent/s   :        Mr.H.A.Khan, APP

       ======================================================
       CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
                             And
                 HONOURABLE MR. JUSTICE S. B. PD. SINGH
                       CAV JUDGMENT
           (Per: HONOURABLE MR. JUSTICE S. B. PD. SINGH)

       Date : 26-03-2025

                   In these bunch of cases, the issues are common and

         interrelated, as such, all have been heard together and are

         being disposed of by this common judgment. The reliefs

         sought by the appellant/petitioner are as under:-

                   2. Miscellaneous Appeal No. 307 of 2015 (Sangita

         Kumari versus Surendra Kumar Himansu)

                               "That instant appeal is being preferred
                     against the decree of dissolution of marriage
                     dated 08.05.2015 passed by the learned
                     Principal Judge, Family Court, Jehanabad in
                     Matrimonial Case No. 66/2023 whereby and
                     where under the learned Principal Judge,
                     Family Court, Jehanabad has been pleased to
                     decree the Matrimonial Suit No. 66/2023 in
 Patna High Court MA No.307 of 2015 dt.26-03-2025
                                           3/23




                     favour of plaintiff (Respondent here) without
                     considering the legal aspects and the reply
                     filed by the appellant."
                   3. Criminal Revision No. 584 of 2015(Sangita

         Kumari versus Surendra Kumar Himansu)

                                "That this revision application is
                      being filed on behalf of the petitioner against
                      the order dated 08.05.2015 passed by the
                      learned Principal Judge, Family Court,
                      Jehanabad in Maintenance Case No. 81 of
                      2014 whereby and whereunder the learned
                      Principal Judge, Family Court, Jehanabad
                      has been pleased to allow the maintenance
                      only Rs. 5000/- per month whereas demand of
                      petitioner is Rs. 20,000/- per month for her
                      livelihood."
                   4. Cr. Revision No. 618 of 2015(Surendra Kumar

         Himanshu versus The State of Bihar & Ors)


                                 "That      the    revision   petition   is
                      directed against the order dated 08.05.2015
                      passed by learned Court of Principal Judge,
                      Family Court, Jehanabad in Maintenance
                      Case No. 81/2014 filed under Section 125
                      Cr.P.C by opposite party no. 2 whereby and
                      whereunder learned Court has been pleased
                      to direct the petitioner to pay Rs. 5000/- as
 Patna High Court MA No.307 of 2015 dt.26-03-2025
                                           4/23




                      maintenance to the opposite party no. 2 on
                      or before 15th of each successive month from
                      the date of the order and in default to pay
                      the same, the opposite party no. 2 may move
                      before the court to get the same through the
                      process of law."
                   Miscellaneous Appeal No. 307 of 2015

                   5. Heard the parties.

                   6. The present appeal has been filed under Section

         19(1) of the Family Court Act, 1984 impugning the

         judgment dated 08.05.2015 passed by learned Principal

         Judge, Family Court, Jehanabad in Matrimonial Case No.

         66 of 2013, whereby the matrimonial suit, preferred by the

         respondent-husband, for a decree of divorce, on dissolution

         of marriage, has been allowed.

                   7. The case of the respondent-husband as per

         petition filed before the Family Court is that the marriage of

         the      respondent-husband               with   appellant-wife   was

         solemnized on 11.07.2000 as per Hindu Rights and

         Customs and after marriage, they lived together as husband

         and wife for about three months. After marriage, the

         respondent-husband came to know that the appellant-wife
 Patna High Court MA No.307 of 2015 dt.26-03-2025
                                           5/23




         was in close proximity with his co-villager who has been

         made party as respondent No. 2. The respondent No. 2

         always used to come to the house of the respondent-

         husband and he never objected as he considered it as a

         social visit. One day, when the respondent-husband returned

         to his home, he found the appellant-wife and respondent

         No. 2 inside the house with the outer door bolted from

         inside. The respondent-husband tried his best to convince

         his wife (appellant) not to indulge with respondent No. 2

         but his advice was not followed by the appellant-wife. The

         respondent-husband also advised respondent No. 2 not to

         indulge with the appellant-wife but he also did not follow

         his advice. On 27.11.2012, when the respondent-husband

         returned back from the market, he found his bed-room

         locked from inside. On alarm raised, the appellant-wife and

         respondent No. 2 came outside the room in a very ashamed

         condition. The respondent-husband caught the appellant-

         wife and respondent No. 2 red handed living in adultery.

         Thereafter, the appellant-wife filed Complaint Case No.

         1055 of 2012 on 09.01.2013 which was transmitted to

         Mahila P.S. Case No. 12 of 2013 on 04.02.2013 under
 Patna High Court MA No.307 of 2015 dt.26-03-2025
                                           6/23




         Section 498(A) of the Indian Penal Code against the

         respondent-husband and her other in-laws family members

         for the alleged allegation of torture and demand of dowry.

         After knowing the aforesaid illicit relationship of the

         appellant-wife and her filing a false criminal case against

         the respondent-husband and other in-laws family members,

         it was not possible for the respondent-husband to live with

         the appellant-wife. Hence, he filed Matrimonial Case no. 66

         of 2013 for dissolution of marriage against the appellant-

         wife.

                    8. After filing of the above case, the appellant-wife

         appeared in response to the summon/notice issued by the

         Court and filed her reply/written statement.

                     9. It is submitted by learned counsel for the

         appellant-wife that marriage between the appellant-wife and

         the respondent-husband was solemnized as per Hindu rights

         and rituals on 11.07.2000 and after marriage the appellant-

         wife went to her matrimonial house and peacefully lived for

         some times, but thereafter her in-laws family members

         started torturing her for non-fulfillment of dowry demand.

         The torture further became intensified when her husband
 Patna High Court MA No.307 of 2015 dt.26-03-2025
                                           7/23




         (respondent No.1) got an appointment in AIR Force. The

         appellant-wife informed to her parents regarding torture by

         her in-laws and her parents also tried to pacify the matter

         but all their efforts went in vein. Ultimately, the appellant-

         wife informed to Jehanabad Mahila Police Station regarding

         torture and demand of dowry. On the intervention of the

         police, the matter was compromised and the appellant-wife

         went to her matrimonial house, however, after some times,

         she was again tortured by her in-laws family members

         including the           respondent        No.1. The   appellant-wife,

         thereafter filed Complaint Case No. 1055 of 2012 on

         09.01.2013

which was registered as Mahila P.S. Case No.

12 of 2013 on 04.02.2013 under Section 498 (A) of the

Indian Penal Code. The appellant-wife is always ready to

live with her husband (respondent No. 1) but it is the

respondent No.1 who does not want to live with the

appellant. The respondent No. 1 also undertook before this

Hon'ble Court in a bail petition, to keep the appellant-wife

with full dignity and honour but he has not complied the

undertaking given before this Hon'ble Court. The appellant-

wife further submitted that she bears a good character and Patna High Court MA No.307 of 2015 dt.26-03-2025

adultery has been alleged by the respondent-husband only

to get divorce from the appellant-wife.

10. On the basis of the rival contentions of both the

parties, following issues were framed in this case by the

learned Court below:-

1. Whether the case as framed is maintainable?

2. Whether the petitioner has cause of action to file this case?

3. Whether the petitioner was subjected to cruelty by the opposite party.?

4. Whether the appellant is entitled for the decree of dissolution of marriage?

5. Whether the petitioner is entitled to relief as claimed for?

6. Whether the petitioner is entitled to any other relief or reliefs?

11. During course of trial, altogether four witnesses

have been produced on behalf of the respondent-husband

which are P.W. 1 Ram Dahin Yadav (father of respondent-

husband), P.W. 2 Surendra Kumar Himanshu (respondent-

husband), P.W. 3 Sona Devi and P.W. 4, Sukhendra Kumar

(brother of respondent-husband).

12. On behalf of the appellant/O.P., four witnesses Patna High Court MA No.307 of 2015 dt.26-03-2025

have been produced who are O.P.W. 1 Saroj Devi (mother

of appellant), O.P.W. 2 Vinod Yadav (father of appellant),

O.P.W. 3 Shambhu Kumar (uncle of appellant) and O.P.W. 4

Sangita Kumari (appellant herself).

13. After conclusion of the trial, the learned

Principal Judge, Family Court has held that respondent-

husband has proved that he was subjected to cruelty at the

hands of the appellant-wife as well as deserted by the

appellant-wife and the case filed by the respondent-husband

is maintainable and also the respondent-husband has valid

cause of action to file the instant case. Accordingly, the

Family Court came to the conclusion that the appellant was

entitled for decree of divorce on the ground of cruelty as

well as desertion and the suit was decreed accordingly and

the marriage between the appellant-wife and the

respondent-husband was dissolved by a decree of

dissolution of marriage.

14. Thereafter, being aggrieved and dissatisfied with

the aforesaid judgment and decree passed by the learned

Court below in Matrimonial Case No. 66 of 2013, the

present appeal has been filed by the appellant-wife. Patna High Court MA No.307 of 2015 dt.26-03-2025

15. Learned counsel appearing on behalf of the

appellant-wife has submitted that the judgment and decree

passed by the learned Court below is bad and appears to be

mechanically passed without application of judicious mind.

The learned Principal Judge has not considered the fact that

marriage of the appellant-wife with the respondent-husband

was solemnized in the year 2000 and since then there is no

complaint regarding the illicit relationship of the appellant-

wife with the respondent No. 2 and after expiry of twelve

years of marriage, a matrimonial suit was filed by the

respondent-husband making allegation about bad character

of appellant-wife though respondent-husband has no valid

legal evidence to prove his case. Learned Principal Judge

has also not considered this fact that said Matrimonial suit

was filed by the respondent-husband after institution of

Mahila P.S. Case No. 12 of 2013 by the appellant-wife

against the respondent-husband and other in-laws family

members which reflects that only to save his skin, the

respondent-husband has filed the Matrimonial Suit for

dissolution of marriage. Learned Court below has not

considered the fact that there is much contradiction in the Patna High Court MA No.307 of 2015 dt.26-03-2025

statement of the witnesses adduced by the respondent-

husband. The respondent-husband has also not produced

any legal evidence to prove the cruelty done by the

appellant-wife. The Principal Judge has also committed a

grave mistake in allowing the Matrimonial suit by ignoring

this fact that appellant-wife was always ready to live with

the respondent-husband and he has not produced any legal

valid document nor any evidence to prove the alleged

allegation of adultery, cruelty or desertion against the

appellant-wife.

16. Per contra, learned counsel appearing on behalf

of the respondent-husband has submitted that the impugned

judgment and decree is just legal and in accordance with

law. The learned Trial Court has rightly appreciated the

evidence adduced on behalf of both the parties in the right

perspective and has correctly allowed the matrimonial suit

and rightly dissolved the marriage by a decree of

dissolution of marriage.

17. In view of the rival contentions and the

arguments adduced on behalf of the appellant-wife and

respondent-husband as well as the evidences brought on Patna High Court MA No.307 of 2015 dt.26-03-2025

record, the main points for determination in this appeal are

as follows:-

(i) Whether the appellant is entitled to the relief sought for in his petition/appeal.

(ii) Whether the impugned judgment of Principal Judge, Family Court, Patna is just, proper and sustainable/tenable in the eyes of law.

18. After perusal of the materials available on record

and consideration of submissions made by learned counsel

for the appellant-wife and respondent-husband, we find that

respondent-husband has not adduced any legal documentary

evidence or any other evidence to prove that appellant-wife

had illegal relationship with Shailendra Kumar (respondent

No. 2). Though P.W. 1 Ram Dahin Yadav has deposed in his

examination-in-chief about illegal relationship of his

daughter-in-law (appellant-wife) with Shailendra Kumar

(respondent No. 2) but in his cross-examination at para-6,

this witness has deposed that Shailendra Kumar (respondent

No. 2) is his nephew and he has never seen the appellant-

wife and Shailendra Kumar (respondent No. 2) in

compromising position. He has also deposed that he has not Patna High Court MA No.307 of 2015 dt.26-03-2025

registered any complaint against respondent No. 2 when he

came to know about the illegal relationship of respondent

No. 2 with his daughter-in-law (appellant) nor he has called

for any Panchayati in this regard which suggests that for

getting benefits in matrimonial suit filed for dissolution of

marriage, false allegation of illicit relationship has been

developed against the appellant-wife.

19. The respondent-husband has been examined as

P.W. 2, who has deposed during trial in his cross-

examination that he has no documentary proof regarding

illegal relationship of appellant-wife with respondent No. 2

nor he has filed any complaint against respondent No. 2 for

adulatory against his wife (appellant). He has also not

explained as to why matrimonial case was filed after 12

years of marriage and that too after filing of a complaint by

the appellant-wife against the respondent-husband and other

in-laws family members. The respondent-husband (P.W. 2)

has deposed in para 16 of his cross-examination that on

27.11.2012 he came to know about the illicit relationship of

appellant-wife and respondent No. 2 when he had seen them

in a compromising position, but he has not filed any Patna High Court MA No.307 of 2015 dt.26-03-2025

complaint against respondent No. 2 for adulatory or rape.

Further in para 17 of his cross-examination, P.W. 2 has

deposed that before filing of the present suit, appellant-wife

had filed a case against the respondent No.1 and other in-

laws family members which suggests that to settle the score

with his wife (appellant), respondent No. 1 has filed a suit

for dissolution of marriage against the appellant.

20. P.W. 3 Sona Devi has deposed in para 7 of her

cross-examination that on 27.11.2012 when the respondent-

husband caught the appellant-wife and respondent No. 2 in

compromising position she was there but no other family

member of respondent-husband was present there, however,

P.W. 4 Sukhendra Kumar, who is brother of respondent-

husband has deposed a contradictory statement in para 9 of

his cross examination that he was present on 27.11.2012

when his brother (respondent-husband) caught the

appellant-wife and respondent No. 2 in compromising

position. She has further deposed in para-8 of her cross

examination that earlier also the in-laws family members of

the appellant-wife used to stop the respondent No. 2 from

coming into their house which suggests that they were Patna High Court MA No.307 of 2015 dt.26-03-2025

aware about the illegal act of appellant-wife with

respondent No. 2, but they have not filed any complaint

against the appellant-wife or respondent No. 2 and suddenly

after filing of Mahila P.S. Case No. 12 of 2013 by the

appellant-wife, the respondent-husband has filed

matrimonial suit for dissolution of marriage.

21. P.W. 4 Sukhendra Kumar is the brother of

respondent-husband who has deposed in para-11 of his

cross-examination that before filing of a suit for dissolution

of marriage by the respondent-husband, appellant-wife has

filed a criminal case against the respondent-husband and

other in-laws family members.

22. Learned Principal Judge has not considered the

deposition of O.P.W-1 Saroj Devi who is mother of the

appellant-wife who has deposed in para 8 of her cross-

examination that after marriage the appellant-wife went to

her matrimonial house and resided there for about three

months. The appellant-wife, thereafter, came to her parental

house but thereafter her in-laws never came to see the

appellant-wife. She further deposed in para 8 of her cross-

examination that after compromise in Mahila Police Station, Patna High Court MA No.307 of 2015 dt.26-03-2025

the appellant-wife was brought to her matrimonial house on

25.09.2012 and on 27.11.2012 an allegation was levelled

against the appellant-wife that she was caught with

respondent No. 2 in compromising position without any

cogent and relevant material evidence, which suggests that

respondent-husband was not interested to continue his

matrimonial relationship with the appellant-wife and as

soon as she forced upon the respondent-husband to carry his

matrimonial obligation, he used tactics to come out from the

matrimonial obligation by claiming adultery/illegal

relationship of the appellant-wife with respondent No. 2

though without having any legal documentary proof.

23. So far as, the ground of cruelty for taking

divorce is concerned, the word 'cruelty' has not been

defined in specific words and language in the Hindu

Marriage Act, 1955, but it is well settled position that

cruelty is such of character and conduct as cause in mind of

other spouse a reasonable apprehension that it will be

harmful and injurious for him to live with O.P.- respondent.

24. It is observed by the Hon'ble Apex Court in

leading case of Samar Ghose vs. Jaya Ghose reported in Patna High Court MA No.307 of 2015 dt.26-03-2025

2007 (4) SCC 511 that a sustained unjustifiable conduct and

behaviour of one spouse actually affecting physical and

mental health of the other spouse. The treatment

complained of and the resultant danger or apprehension

must be very grave, substantial and weighty. More trivial

irritations, quarrel, normal wear and tear of the married live

which happens in day-to-day live would not be adequate for

grant of divorce on the ground of mental cruelty.

25. In this context, we are tempted to quote the

golden observation made by the Hon'ble Apex Court during

decision in case of Narain Ganesh Dastane vs. Sucheta

Naraih Dastane reported in, AIR 1975, 1534, which are as

follows:-

"One other matter which needs to be clarified is that though under Section 10(1)

(b), the apprehension of the petitioner that it will be harmful or injurious to live with the other party has to be reasonable, it is wrong, except in the context of such apprehension, to import the concept of a reasonable man as known to the law of negligence of judging of matrimonial relations. Spouses are undoubtedly supposed and expected to Patna High Court MA No.307 of 2015 dt.26-03-2025

conduct their joint venture as best as they might but it is no function of a court inquring into a charge of cruelty to philosophise on the modalities of married life. Some one may want to keep late hours of finish the day's work and some one may want to get up early for a morning round of golf. The court cannot apply to the habits or hobbies of these the test whether a reasonable man situated similarly will behave in a similar fashion. "The question whether the misconduct complained of constitutes cruelty and the like for divorce purposes is determined primarily by its effect upon the particular person complaining of the acts. The question is not whether the conduct would be cruel to a reasonable person or a person of average or normal sensibilities, but whether it would have that effect upon the aggrieved spouse. That which may be cruel to one person may be laughed off by another, and what may not be cruel to an Individual under one set of circumstances may be extreme cruelty under another set of circumstances". The Court has to deal, not with an ideal husband and ideal wife (assuming any such exist) but with the particular man and woman before it. The ideal couple or a near-ideal one will probably Patna High Court MA No.307 of 2015 dt.26-03-2025

have no occasion to go to a matrimonial court for, even if they may not be able to draw their differences, their ideal attitudes may help them overlook or gloss over mutual faults and failures."

26. After going through the above entire

documentary and oral evidences adduced on behalf the

appellant-wife, it is crystal clear that learned Principal

Judge has committed an error in allowing the matrimonial

suit filed on behalf of the respondent-husband for

dissolution of marriage as the respondent-husband has

failed to prove the cruel behaviour of the appellant-wife

towards him and his family members by the strength of

cogent, relevant and reliable evidence, while burden of

prove of cruelty rests upon the respondent-husband of this

case, because, he has sought relief of divorce on the basis of

cruel behaviour of the appellant-wife towards him. Not

even single alleged incident with reference to date of

alleged cruelty has been urged in the plaint before the

Family Court. Furthermore, alleged illicit relationship/

adultery of appellant-wife with respondent No. 2 has no

legal value as the said allegation has not been corroborated Patna High Court MA No.307 of 2015 dt.26-03-2025

with any cogent, oral and documentary evidence. Certain

flimsy act or omission or using some threatening and harsh

words may occasionally happen in the day-to-day conjugal

life of a husband and wife to retaliate the other spouse but

that cannot be a justified/sustainable ground for taking

divorce. Some trifling utterance or remarks or mere

threatening of one spouse to other cannot be construed as

such decree of cruelty, which is legally required to a decree

of divorce. The austerity of temper and behaviour, petulance

of manner and harshness of language may vary from man to

man born and brought up in different family background,

living in different standard of life, having their quality of

educational qualification and their status in society in which

they live.

27. So far as ground of desertion is concerned, it has

come in the evidence of the respondent-husband (PW-2)

that appellant-wife was caught in compromising position

with respondent No. 2 at her matrimonial house which

suggests that appellant-wife was residing with him in her

matrimonial house. So, on the ground of desertion also, the

appellant is not entitled to get any decree of divorce. Patna High Court MA No.307 of 2015 dt.26-03-2025

28. Thus, considering the above entire aspects of

this case and evidence adduced on behalf of both the

parties, we find that learned Principal Judge, Family Court,

Jehanabad has not appreciated the evidence adduced on

behalf of the appellant-wife in right perspective while

allowing the Divorce petition in favour of the respondent-

husband. We find that respondent-husband has failed to

prove the allegation of cruelty, much less, the decree of

cruel behaviour of appellant-wife which is legally required

for grant of decree of divorce under section 13(1) (ia) of the

Hindu Marriage Act as also the respondent-husband has

failed to prove that the appellant-wife has deserted the

respondent-husband. The respondent-husband has also

failed to brought on record any proof regarding adulterous

life or illegal physical relationship of the appellant-wife

with respondent No. 2.

29. Hence, we find merit in the present appeal

warranting interference in the impugned judgment.

30. Accordingly, the order dated 08.05.2015 passed

by learned Principal Judge, Family Court, Jehanabad in

Matrimonial Case No. 66 of 2013 allowing the decree of Patna High Court MA No.307 of 2015 dt.26-03-2025

dissolution of marriage between the appellant-wife and

respondent-husband, is set aside.

31. The present appeal stands allowed.

Criminal Revision No. 584 of 2015(Sangita Kumari

versus Surendra Kumar Himansu)

32. The present revision application has been filed

by the petitioner-Sangita Kumari against the order dated

08.05.2015 passed by the learned Principal Judge, Family

Court, Jehanabad in Maintenance Case No. 81 of 2014

whereby and whereunder the learned Principal Judge,

Family Court, Jehanabad has been pleased to allow Rs.

5000/- per month to the petitioner as maintenance.

33. The petitioner is at liberty to file appropriate

application before appropriate forum for enhancement of

maintenance amount which was allowed by the Principal

Judge, Family Court, Jehanabad.

34. Accordingly, the present revision petition stands

disposed of.

Cr. Revision No. 618 of 2015(Surendra Kumar

Himanshu versus The State of Bihar & Ors)

35. Since the judgment of learned Principal Judge, Patna High Court MA No.307 of 2015 dt.26-03-2025

Family Court, Jehanabad in Matrimonial Case No. 66,

annulling the marriage between the appellant-wife and

respondent-husband has been set aside, the present revision

petition has no leg to stand.

36. Accordingly, Cr. Revision No. 618 of 2015

stands dismissed.

( S. B. Pd. Singh, J)

(P. B. Bajanthri, J)

Shageer/-

AFR/NAFR                AFR
CAV DATE                22/11/2024
Uploading Date          26/03/2025
Transmission Date       26/03/2025
 

 
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