and upon his undertaking that he would keep his
wife/O.P. No.2 with full dignity and respect, the matter was
Patna High Court CR. MISC. No.49071 of 2025 dt.19-02-2026
pacified and settled and both started living together. It has
further been submitted that the petitioner mischievously filed
Divorce Case No. 319 of 2023 on 18.07.2023 on false grounds,
even at a time when he was residing with O.P. No.2 in the
matrimonial house and that O.P. No.2 had no knowledge of the
filing of the said divorce case as the petitioner allegedly
managed the service of notice upon her, as a result of which she
could not appear and the divorce decree was granted ex parte.
Learned counsel for O.P. No.2 further submits that the demand
of dowry and torture continued and ultimately she was ousted
on 16.09.2023, whereafter she went to her maike and despite
repeated requests the petitioner did not take steps to pacify the
dispute, leaving O.P. No.2 with no option but to institute the
present complaint on 20.09.2023. It has been submitted that so
far as the divorce case is concerned, Miscellaneous Appeal No.
347 of 2025 has already been filed and the same is pending
before the Hon’ble High Court at Patna challenging the
judgment and decree dated 27.11.2024 and 09.12.2024
respectively. It has further been pointed out that the said
miscellaneous appeal had earlier been dismissed for default,
however, the same has subsequently been restored to its
original file. It has lastly been submitted that O.P. No.2 has
Patna High Court CR. MISC. No.49071 of 2025 dt.19-02-2026
been left alone without any independent source of income and
is constrained to look after her ailing father who has suffered a
paralytic attack and that the mother of O.P. No.2 is also
seriously ill, suffering from severe renal issues and thus it has
been submitted that the present application is misconceived,
there is no illegality in the impugned order and the same is fit
to be dismissed.
