Patna High Court
Kumar Karunesh Kaithal vs Seema Kaithal on 25 September, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.766 of 2023
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Kumar Karunesh Kaithal, son of Late Jagdeo Das, resident of Village and
P.O- Bajitpur Kasturi, P.S-Desri, District-Vaishali, Bihar, presently at T3/304,
Amolik Heights, Sector 88, Faridabad, Haryana 121002.
... ... Appellant/s
Versus
Seema Kaithal, wife of Kumar Karunesh Kaithal, resident of Village and P.O -
Bajitpur Kasturi, P.S -Desri, District - Vaishali, Bihar, presently at Village and
P.O -Bariyarpur, (Near Bhagwati Asthan), P.S - Sakra, District Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Prakash Chandra, Advocate
For the Respondent/s :
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CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE S. B. PD. SINGH
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. B. PD. SINGH)
Date : 25-09-2025
Heard.
2. The appellant has come up in this appeal against
the order dated 09.10.2023 passed by the learned Principal
Judge, Family Court, Vaishali at Hajipur in Divorce Case
No. 05 of 2021, whereby the petition filed by the appellant-
husband under Section 13(1) of the Hindu Marriage Act,
1955 (in short 'the 1955 Act') seeking dissolution of
marriage by a decree of divorce, has been dismissed.
3. The learned Principal Judge, Family Court,
Vaishali at Hajipur, while dismissing the divorce petition of
Patna High Court MA No.766 of 2023 dt.25-09-2025
2/7
the appellant-husband has observed that since the
respondent-wife resides at Muzaffarpur, the present Court
lacks jurisdiction and the divorce petition was dismissed on
the point of jurisdiction.
4. It is submitted by learned counsel for the
appellant-husband that marriage of the appellant with the
respondent was solemnized on 30.04.2006 according to
Hindu rites and customs in a very simple manner without
any dowry. The marriage was consummated and two
children were born out of the wedlock. In the year, 2010,
the appellant-husband got a job of Assistant Manager in
Mail Today Newspaper Pvt. Ltd at Delhi and he settled
along with his family at Delhi. The appellant alleged that
after some times, the behaviour of the respondent-wife
changed and she started quarreling with the appellant-
husband without any good reason. The situation got worst
and the behaviour of the respondent started effecting the
normal family life of the appellant and his children. The
respondent was creating nuisance in her own house,
mercilessly beating the children, abusing the husband and
wanted to move freely beyond any discipline of the husband
Patna High Court MA No.766 of 2023 dt.25-09-2025
3/7
or family. The appellant made all his efforts to make her
understand and tried to normalize the situation but all his
efforts went in vein. Hence, he has sent a legal notice on
18.10.2011
through his advocate to the father of the
respondent about the ill treatment of respondent-wife. The
father of the respondent came to Delhi and took the
respondent with him to Muzaffarpur. After living at
Muzaffarpur, the appellant again took the respondent with
him at Delhi. It is further alleged that during the period
between 2011 to 2018, the behaviour of the respondent got
worst. She started threatening to commit suicide or
implicate the appellant in a false case. She always avoided
to take care of her children and several times ran away from
the house without proper information to the appellant.
5. The appellant further averred that all of a
sudden, on 9.04.2018, the respondent left the house of the
appellant and children without informing the appellant. The
appellant has made an application before officer-in-charge,
Milaswa Dairy, Delhi in this regard (Annexure-III).
6. The appellant has also filed a case under Section
9 of the Hindu Marriage Act for restitution of conjugal
Patna High Court MA No.766 of 2023 dt.25-09-2025
rights before learned Principal Judge, Family Court, Rohini,
New Delhi. In the aforesaid case, notices were issued to the
respondent and thereafter dasti notice was issued on
21.01.2019 but she did not appear to contest her case.
7. The appellant, thereafter started facing problem
of taking care of two minor children and lastly he left his
job at Delhi and came to his native place at Vaishali in June,
2019. The respondent-wife came and resided with the
appellant-husband for one month and again left her
matrimonial house in July, 2019 and since then the
respondent-wife has deserted the appellant-husband. The
appellant, thereafter filed Divorce Case No. 05 of 2021 for
dissolution of marriage with the respondent.
8. The appellant has examined altogether three
witnesses in order to prove his case which are P.W. 1 Kumar
Karunesh Kaithal (appellant himself), P.W. 2 Aashish
Gaurav and P.W. 3 Om Prakash Das.
9. The respondent-wife has not examined any
witness since she has not appeared to contest her case.
10. The learned Family Court, after perusing the
materials available on record, has held that marriage of the
Patna High Court MA No.766 of 2023 dt.25-09-2025
appellant was solemnized at Muzaffarpur. The couple last
resided at Delhi. The respondent-wife is residing at
Muzaffarpur. Hence, the present Court lacks territorial
jurisdiction and it will not be proper to pass any order on
merits.
11. We have heard learned counsel for the parties
and perused the impugned order.
12. The learned Principal Judge, Family Court,
Vaishali at Hajipur has dismissed the divorce petition of the
appellant on the ground that the Court has no jurisdiction to
entertain the divorce petition. Here, it is relevant to refer
Section 19 of the Hindu Marriage Act which clearly defines
the territorial jurisdiction for presenting petitions, stating
they must be filed in the District Court of the place where
the marriage was solemnized, where the respondent resides,
where the parties last resided together, or where the
petitioner resides if the respondent resides outside the Act's
jurisdiction or has been unheard of for seven years. This
section outlines specific locations that grant a court
jurisdiction over matrimonial matters under the Act.
"19. Court to which petition shall be
Patna High Court MA No.766 of 2023 dt.25-09-2025
presented.--Every petition under this Act shall
be presented to the District Court within the local
limits of whose ordinary original civil
jurisdiction:--
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the
presentation of the petition, resides, or
(iii) the parties to the marriage last resided
together, or
(iiia) in case the wife is the petitioner, where
she is residing on the date of presentation of the
petition; or
(iv) the petitioner is residing at the time of the
presentation of the petition, in a case where the
respondent is at that time, residing outside the
territories to which this Act extends, or has not
been heard of as being alive for a period of seven
years or more by those persons who would
naturally have heard of him if he were alive.
13. After going through the entire order of learned
Family Court, it appears that there is no any grave error of
law and illegality in appreciating the evidences available on
the record.
14. Hence, we find no merit in the present appeal
warranting any interference in the impugned judgment. The
Family Court has rightly dismissed the matrimonial case of
Patna High Court MA No.766 of 2023 dt.25-09-2025
the appellant seeking divorce.
15. The present appeal is dismissed accordingly,
affirming the impugned judgment.
16. The appellant, however, is at liberty to file
divorce petition under appropriate provisions of Hindu
Marriage Act before the appropriate forum.
17. Pending I.A(s), if any, stand disposed of.
( S. B. Pd. Singh, J)
(P. B. Bajanthri, CJ)
Shageer/-
AFR/NAFR AFR
CAV DATE 19/06/2025
Uploading Date 25/09/2025
Transmission Date N/A
