Suman Saurabh vs Priti Kumari on 10 July, 2026

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    Patna High Court – Orders

    Suman Saurabh vs Priti Kumari on 10 July, 2026

                           IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        Miscellaneous Appeal No.80 of 2025
                      ======================================================
                      Suman Saurabh Son of Ashok Kumar Pathak, resident of village - Rudpai,
                      P.S. Shambhuganj, District - Banka.
    
                                                                                    ... ... Appellant/s
                                                           Versus
                      Priti Kumari wife of Suman Saurabh, D/o Rampravesh Dubey, resident of
                      Court Area, P.O. - Hasanpur, P.S. - Lakhisarai, District - Lakhisarai.
    
                                                                ... ... Respondent/s
                      ======================================================
                      Appearance :
                      For the Appellant/s    :        Ms.Eashita Raj, Adv.
                                                      Mr.Anuj Kumar, Adv.
                      For the Respondent/s   :        Mr.Mudit Meet, Adv.
                                                      Mr.Purushottam Kumar, Adv.
                      ======================================================
                      CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
                              and
                              HONOURABLE MR. JUSTICE GIRIJISH KUMAR
                                            ORAL ORDER
    
                      (Per: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH )
    
    11   10-07-2026

    Heard learned counsel for the appellant and learned

    counsel for the respondent.

    SPONSORED

    2. The instant Miscellaneous Appeal under Section 19 (1)

    of the Family Court Act has been preferred by the appellant

    (husband) against the judgment and order dated 04.10.2024 and

    decree dated 24.10.2024 passed by the learned Principal Judge,

    Family Court, Lakhisarai, whereby the divorce petition bearing

    Matrimonial Suit no.85/2019 preferred by the appellant under

    section 13(I)(i-a) of the Hindu Marriage Act has been dismissed.

    3. The brief facts of the case which are relevant and

    required to be stated are that the appellant is the husband of the
    Patna High Court MA No.80 of 2025(11) dt.10-07-2026
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    respondent. The marriage between the appellant and the

    respondent was solemnized on 29.11.2012, but on account of

    acrimonious relations between them, their marriage was not

    successful. As a result thereof, the respondent filed a Complaint

    case bearing No.877C/2015 against the appellant and his family

    members making allegation of her harassment and cruelty in her

    matrimonial home, which was subsequently withdrawn on the

    assurance of the appellant and his family members that they will

    keep the respondent (wife) respectfully in her matrimonial home

    and provide her all necessities.

    4. Thereafter, the appellant, to get rid of the respondent,

    has preferred a divorce petition on 01.09.2017 under Section-

    13(I)(i-a) of Hindu Marriage Act on the ground of cruelty and

    desertion on the part of respondent-wife. As per the case of the

    appellant, he has been living separately since the month of June,

    2014. The respondent has not allowed the appellant to

    cohabitate and treated the appellant and his family members

    with cruelty.

    5. After filing of divorce petition by the appellant, the

    respondent (wife) has filed a fresh Complaint case bearing

    no.231 of 2018 under sections 406,420, 498A, 506, 511, 34 IPC

    and section 4 of D.P. Act, against the appellant and his family
    Patna High Court MA No.80 of 2025(11) dt.10-07-2026
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    members, which is still pending before the learned C.J.M.,

    Lakhisarai. The respondent (wife) has also filed a case being

    D.V Case No.3 of 2019 under section 12 of the Domestic

    Violence Act against the appellant and his father, which is

    pending before the learned C.J.M., Lakhisarai.

    6. So far as, Divorce petition filed by the appellant is

    concerned, the respondent appeared and filed her written

    submission denying the allegations levelled against her by the

    appellant, claiming that, in fact, cruelty has been done on the

    part of the appellant and his family members against her.

    7. The learned Family Court has framed the following

    seven issues:-

    (1) Whether the present suit of divorce is
    maintainable in Law?

    (2) Whether the petitioner has valid cause of
    action for bringing this matrimonial case?

    (3) Whether there is a matrimonial
    relationship between the parties?

    (4) Whether the respondent has deserted the
    petitioner?

    (5) Whether the opposite party has
    committed cruelty against the petitioner?

    (6) Whether the petitioner is entitled for the
    decree of divorce on the ground of non
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    residing of the opposite party with the
    petitioner since June, 2014?

    (7) Whether the petitioner is entitled to get
    the decree of divorce on the averments made
    in the pleading?

    8. The Family court, considering all aspects of the matter,

    decided the issue no.1 and 2 in favour of the appellant and rest

    of the issues being issue no.3, 4, 5, 6 and 7 decided against the

    appellant and dismissed the divorce petition filed by the

    appellant vide judgment and order dated 04.10.2024 and decree

    dated 24.10.2024, which is the subject matter of challenge by

    the appellant (husband) in the present case.

    9. On 13.03.2026, 15.04.2026, 22.06.2026 and

    29.06.2026, following orders were passed by this Court:-

    13.03.2026- “Learned counsel for the parties
    pray for and are allowed four weeks’ time to
    seek instructions from their respective clients
    with regard to possibility of settlement between
    them. 2. As prayed, let this matter be listed on
    15.04.2026.”

    15.04.2026- “Pursuant to order dated
    13.03.2026, learned counsel for the parties
    apprise this Court that the parties (husband and
    wife) before reaching on any conclusion are
    willing to interact with each other, hence any
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    date may be fixed for the said purpose.

    2. In view of the statement made by the
    learned counsel for the parties appellant-Suman
    Saurabh (husband) and respondent-Priti
    Kumari (wife) are directed to appear before the
    Registrar-cum-Coordinator, Mediation and
    Conciliation Center of the Patna High Court on
    22.06.2026 at 11:00 AM.

    3. On appearance of the parties
    concerned, the Registrar-cum-Coordinator,
    Mediation and Conciliation Center of the Patna
    High Court shall provide a suitable space to
    them for having a peaceful interaction with each
    other without any intervention of their
    respective counsel.

    4. Thereafter, matter shall be taken up by
    the Court at 12:30 P.M.

    5. Let this case be listed on 22.06.2026.”

    22.06.2026- “Pursuant to the order dated
    15.04.2026, the appellant, Suman Saurabh
    (husband), and the respondent, Priti Kumari
    (wife), appeared before the Registrar-cum-
    Coordinator, Mediation and Conciliation
    Centre, Patna High Court, today. After
    interacting with each other, they prayed for
    some more time to give second thought over the
    issue of settlement.

    2. Let this matter be listed on 29.06.2026.

    3. On the next date, the appellant, Suman
    Saurabh, along with his father, and the
    respondent, Priti Kumari, along with her
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    brother, shall remain present in person before
    this Court.

    4. In the meantime, the appellant shall
    file an affidavit disclosing his salary
    particulars, as well as the assets and liabilities
    of his father, in terms of the guidelines laid
    down by the Hon’ble Apex Court.

    5. Since the matter pertains to
    settlement/mediation between the parties, it
    shall be heard in Chambers on the next date at
    12:30 P.M.”

    29.06.2026- “1. Pursuant to the order dated
    22.06.2026, the appellant, Mr. Suman Saurabh,
    along with his father, Mr. Ashok Kumar Pathak
    and the respondent, Smt. Priti Kumari, along
    with her brother, Mr. Navin Raj, are present
    before this Court.

    2. The appellant and the respondent,
    after having interacted with each other, agreed
    to settle their matrimonial dispute amicably.

    3. The appellant (husband) submits that
    on account of long litigation, now he can’t live
    with the respondent; hence, he wants a one-time
    settlement with the respondent. Appellant and
    his father further submit that in case the divorce
    petition filed by the appellant is allowed, and all
    other matrimonial cases filed by the respondent
    (wife) against them are quashed, they are ready
    to pay Rupees Twenty Lakhs to the respondent-
    Smt. Priti Kumari towards one time settlement
    by transferring the said amount in the bank
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    account of Smt. Priti Kumari, by 10th of July,
    2026.

    4. In response, the respondent, Smt. Priti
    Kumari, submits inter alia that in case, the
    appellant is ready to pay an amount of Rupees
    Twenty Lakhs to her, she has no objection in
    quashing the impugned order dated 04.10.2024
    as well as other cases being D.V. Case No. 3 of
    2019 and Complaint Case No. 231 of 2018 filed
    by her.

    5. On the joint request made by the
    parties concerned, let this matter be listed on
    10th of July, 2026 as a first case.

    6. In the meantime, the appellant and the
    respondent shall file their joint affidavit for
    amicable settlement as undertaken by them
    before this Court.”

    10. In compliance of the aforesaid order dated

    29.06.2026, appellant and the respondent have jointly filed a

    compromise affidavit dated 30.06.2026 before this Court,

    mentioning inter alia that:-

    Out of total agreed amount Rs.20 Lacs, a sum of
    Rs. 15 Lacs shall be paid by appellant (husband) and a
    sum of Rs.5 Lac shall be paid by appellant’s father to
    the respondent (wife). Respondent has voluntarily
    agreed to accept the aforesaid amount as full and final
    satisfaction of all her claims against the appellant and
    his family members.

    11. Today, on the matter being taken up, learned counsel
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    for the appellant submits that a sum of Rs.15 Lacs has already

    been transferred by the appellant in the bank account of

    respondent, through three transactions bearing transaction IDs:-

    HDFC96440F2F177F (Rs.7,50,000/), HDFC2D974BF3D5D2

    (Rs.7,00,000/-) and HDFC1543AE17F4CB (Rs.50,000/-).

    Learned counsel for the appellant has also produced a draft of

    Rs.5 Lacs in favour of respondent Priti Kumari bearing draft

    no.060035 issued by State Bank of India, Shambhuganj, which

    has been handed over by the appellant to the respondent during

    the course of hearing in the Court.

    12. After fulfilling the terms and conditions of settlement

    by the appellant as noted above, respondent (wife) submits that

    now she has no objection in case this Miscellaneous Appeal

    filed by the appellant is allowed and proceedings of both the

    aforesaid cases filed by her are quashed.

    13. In view of the above, the impugned judgment and

    order dated 04.10.2024 and decree dated 24.10.2024, passed by

    the learned Principal Judge, Family Court in Matrimonial suit

    no.85/2019 is set aside in terms of the compromise between the

    parties as noted above. Consequently, the Divorce petition filed

    by the appellant Suman Saurabh against the respondent Priti

    Kumari for dissolution of marriage is allowed.

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    14. As a fall-out and consequence of the aforesaid, the

    further proceeding of Complaint case bearing no.231C of 2018

    under sections 406, 420, 498A, 506, 511, 34 IPC and section 4

    of D.P. Act against the appellant and his family members and

    D.V Case No.3 of 2019 under section 12 of the Protection of

    Women from Domestic Violence Act, 2005 against the appellant

    and his father, both pending before the court of learned C.J.M.,

    Lakhisarai are also hereby quashed.

    15. It is made clear that since the instant matrimonial

    dispute has been decided in terms of amicable settlement made

    between the parties as discussed above, therefore, this Court has

    not touched the merit of the case.

    16. Accordingly, the instant Miscellaneous Appeal is

    allowed in terms of the compromise.

    17. Office shall communicate this order to the court of

    learned C.J.M., Lakhisarai immediately.

    (Sanjay Kumar Singh , J)

    ( Girijish Kumar, J)
    pallavi/-

    U



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