Ritu Gupta Age 26 Years Old D/O Dipak … vs Anupam Bipul S/O Bhairo Lal Gupta on 12 March, 2026

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    Jharkhand High Court

    Ritu Gupta Age 26 Years Old D/O Dipak … vs Anupam Bipul S/O Bhairo Lal Gupta on 12 March, 2026

    Author: Sujit Narayan Prasad

    Bench: Sujit Narayan Prasad

                                                                2026:JHHC:6760-DB
    
    
    
    
             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    F.A. No. 63 of 2025
                                         ------------
    1.     Ritu Gupta age 26 years old D/O Dipak Kumar Gupta resident of Gulli
           Bhatta, P.O. & P.S Sahebganj, District-Sahibganj
                                                      ... ... Appellant/Defendant
                                              Versus
           Anupam Bipul S/O Bhairo Lal Gupta, resident of Gulab Bagh
           Purandaha, P.O. & P.S. Deoghar, District Deoghar
                                                      ... ... Respondent/Plaintiff
                                         -------
         CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
                   HON'BLE MR. JUSTICE ARUN KUMAR RAI
                                         -------
         For the Appellant          : Mr. Sabyasanchi, Advocate
         For the Respondent         : Mr. P.S. Dayal, Advocate
                                      Mr. Vikas Kumar, Advocate
                            ----------------------------
    
         CAV on 18th February, 2026                       Pronounced on 12/03/2026
    
         Per Sujit Narayan Prasad, J.
    

    Prayer

    1. The instant appeal under Section 19(1) of the Family Courts Act, 1984

    SPONSORED

    is directed against the Judgment dated 30.08.2024 passed by the learned

    Principal Judge, Family Court, Sahibganj in Original Suit No.69 of 2022,

    whereby and whereunder, the learned Family Judge has allowed the suit

    filed by the plaintiff-husband (respondent herein), under Section 13 of the

    Hindu Marriage Act, 1955 dissolving the marriage and further directed the

    plaintiff-husband to pay Rs.5 lacs as permanent alimony to the defendant-

    wife (appellant herein).

    Factual Matrix

    2. The brief facts of the case, as per the pleading made by the plaintiff

    required to be referred, as under:

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    3. It is the case that marriage of the plaintiff (respondent herein) was

    solemnized with the defendant (appellant herein) on 17.02.2021 as per

    Hindu customs and rites at Deoghar and family members of the defendant

    has spent Rs. 5,55,000/- only and entire marriage expenditure including

    hotel charges, reception charges and fair was done by the plaintiff’s

    family. It is further pleaded that in the starting days of marriage of the

    plaintiff there was happy conjugal life in between them but after some

    days the family members of the defendant started making excessive

    interference in the family matter of the plaintiff then bitterness started in

    their marital relation. During the whole stay of the defendant at her

    matrimonial home, she was never assaulted and ill-treated by the plaintiff.

    4. When the plaintiff is fit in all respects including in the matter of sex

    then the question of examination by a medical practitioner does not arise.

    During the pendency of the bail matter of the plaintiff, mediation started

    and in that mediation the family members of the defendant asserted that

    both parties will live together as husband and wife and they did not insist

    the plaintiff for getting the medical examination of the plaintiff done and

    even during the maintenance proceeding it has been deposed by the

    defendant’s side that without any condition the defendant will live with the

    plaintiff, from which it appears that false allegations of impotency of the

    plaintiff has been alleged by the defendant. It is further pleaded that

    imposing false allegations of demand of dowry or impotency of the

    plaintiff by the defendant amounts to cruelty because of prestige of the

    plaintiff and his family members have been damaged and undermined in

    the society and their family circle and still the defendant and his family

    members are not ready to accept their fault and to apologize to the family

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    members of the plaintiff for their mental, physical harassment and agony.

    This Court has been pleased to impose Rupees Seven Lakhs in the order

    of Anticipatory Bail petition and it was further ordered that the said

    amount will be adjusted as one time settlement or in the maintenance

    amount. The defendant’s family took ornaments of Rs. five Lakhs on

    08.03.2021, which had been given by the plaintiff’s family at the time of

    marriage of the parties. The conjugal relation lastly resumed at Deoghar

    on 07.03.2021. The plaintiff was completely hale and hearty youth and he

    was unnecessarily made a scapegoat by the family members of the

    defendant to shut their scheme.

    5. It has further been stated that relation of both the parties has been

    damaged that there is no chance or worth for continuing their relations and

    two cases are pending between both the parties, first under Section 498A

    of the I.P.C and 2nd under Section 125 of the Cr.P.C.

    6. On these grounds a relief had been sought by the plaintiff/husband by

    filing a suit to grant decree of divorce against the defendant/wife

    (appellant herein).

    7. The said suit was filed by the plaintiff/husband on 25.03.2022 and the

    same had been admitted on 29.03.2022 and thereafter, the plaintiff was

    directed to file necessary requisites for issuance of summons against the

    defendant and in pursuance of notice issued against the defendant/wife,

    the defendant appeared on 31.05.2022 and thereafter matter was referred

    to mediation centre but the same could not succeed then the defendant was

    directed to file her written statement.

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    8. The defendant has filed her written statement on 19.12.2022 and as

    per her written statement the defendant’s plea, in brief, is that the suit was

    filed by the plaintiff against the defendant for taking divorce without any

    cogent reason and excuse. The plaintiff has filed the said suit with false,

    baseless and mislead facts and with such type of pleading, the plaintiff is

    trying to take decree of divorce wrongly. The plaintiff having ulterior

    motive or view to pressurize her for minimize earlier criminal case i.e.

    Sahebganj (T) P.S. Case No. 103/2021, which has been lodged by the

    defendant u/s 406/420/498 A/504/506/34 of the I.P.C and 3/4 of the D.P.

    Act and at present the same is pending before the court of learned Chief

    Judicial Magistrate, Sahebganj at the stage of framing of charge.

    9. It had further been stated that the marriage of the defendant was

    solemnized with the plaintiff on 17.02.2021 as per Hindu customs and

    rites and several household articles, ornaments and cash were taken by the

    plaintiff and his family members and the defendant was brought by the

    plaintiff to his house and on the very next day family members of the

    plaintiff started quarreling and abusing the defendant and as per order of

    her Bhaisur four syringe blood was taken by the plaintiff and his parents

    and on being protest raised by the defendant, the plaintiff and his parents

    told her that her blood test will be done by the doctor. The ornaments of

    the defendant were forcibly taken by the plaintiff and his mother and they

    also tried to snatch her mobile and on being protest raised by the

    defendant her hand was cut by her mother-in-law by knife and her mother-

    in-law made pressure upon the defendant to cut her hair also. The plaintiff

    did not establish any marital relation with her and, she was abused and

    assaulted by the plaintiff and thereafter the defendant informed her mother

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    about this fact and on 06.03.2022 her parents tried to convince the

    plaintiff’s parents for testing this fact through mobile but plaintiff and his

    family members tortured and ill-treated her and her parents and they

    demanded one golden Nath and Rs. five Lakhs cash as dowry and they

    further told that the defendant is ill.

    10. On 07.03.2021 at about 11.00 A.M. the defendant was assaulted and

    threatened to kill by her in-laws and they also tried to snatch her Mobile,

    in which she sustained head injury. On 08.03.2021, she informed her

    mother through mobile and thereafter her parents along with her elder

    sister and brother-in-law went there but the plaintiff did not allow them to

    meet with the defendant. It is further pleaded that the defendant’s mother

    told the parents of the plaintiff regarding the plaintiff’s illness because

    their relation is not good and she told them that there is need of testing of

    the plaintiff then the plaintiff’s mother abused and refused to give her

    bedai. The defendant lodged a complaint against her in-laws which was

    later on registered in Sahebganj (Town) P.S. and in that case the plaintiff

    has been allowed bail by the Hon’ble High Court subject to condition of

    depositing demand draft of Rs. 7 Lakhs in favour of the defendant as the

    plaintiff was not ready to take bidai of his wife before the Hon’ble Court

    also. The plaintiff is totally dancing on wrong direction of his parents and

    on their instruction and instigation he has filed the wrong and false

    divorce case on mislead facts without having reasonable cause and excuse

    despite of fact that the defendant made several approach for joint marital

    life with the plaintiff but the plaintiff and his parents were adamant for

    divorce.

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    11. In original maintenance case, the plaintiff has vehemently refused to

    take bedai of the defendant and it has been falsely alleged by him that his

    social image got tarnished, rather, the defendant’s life and future became

    very dark due to ill-treatment by the plaintiff and she herself felt

    humiliation in society. It has further been stated that the plaintiff and his

    family members tortured the defendant and her parents in various ways

    during her stay at her matrimonial home and there was no reason to

    damage the image of the plaintiff in society rather social image of the

    defendant has been damaged in her society. The entire grievance of the

    plaintiff is not genuine so the same was not tenable in the eyes of law and

    the plaintiff has no valid cause of action for the suit.

    12. On the basis of the pleadings of the parties, the following issues were

    framed by the learned Family Judge, which are as follows: –

    (i) Is the suit as framed maintainable?

    (ii) Has the plaintiff cause of action for the suit?

    (iii) Has after the solemnization of the marriage, the

    defendant treated the plaintiff with cruelty?

    (iv) Whether the plaintiff is entitled to a decree of divorce?

    13. In order to substantiate the fact referred in the plaint, the plaintiff has

    altogether produced and examined five witnesses as follows:-

    List of Plaintiff’s witnesses

    Rank Name of witnesses Nature of witnesses

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    PW.1 Ajit Kumar Cousin of plaintiff

    PW-2 Udai Kumar Cousin (Fufera brother)
    of the plaintiff.

        PW.3                       Bhairo Lal Gupta            Father of the plaintiff
    
        PW.4                       Anupam Bipul                Plaintiff of this suit.
    
        PW.5                       Padma Gupta                 Mother of the plaintiff.
    
    

    14. Besides oral evidence, following documents have been exhibited in

    favour of the plaintiff:-

    List of Plaintiff’s Exhibits

    Sr. No Exhibits Description

    1 Ext.1 Certified copy of order sheet dated
    20.01.2022, passed by Ld. CJM
    Sahebganj in Sahebganj (T) P.S. Case
    No.103/2021 (State Vs. Anupam Bipul &
    others
    )

    2 Ext.2 Certified copy of F.I.R. of Sahebganj (T)
    P.S. Case No.103/2021

    15. In order to substantiate the facts mentioned in her written statement,

    the defendant has although not produced any documentary evidence but

    she has produced and examined altogether three witnesses, as follows:-

    List of Defendant’s witnesses

    Rank Name of witnesses Nature of witnesses

    D.W.1 Deepak Kumar Gupta Father of the defendant

    D.W.2 Manita Devi Mother of the defendant

    D.W.3 Ritu Gupta Defendant of this suit.

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    16. The evidences have been made on behalf of both the parties.

    Thereafter, the judgment has been passed allowing the suit filed under

    Sections 13 of the Hindu Marriage Act dissolving the marriage, which is

    the subject matter of the present appeal.

    Submission of the learned counsel for the appellant-wife:

    17. It has been contended on behalf of the appellant that the factual aspect

    which was available before the learned Family Judge supported by the

    evidences adduced on behalf of the appellant-wife has not properly been

    considered and as such, the judgment impugned is perverse, hence, not

    sustainable in the eyes of law.

    18. It has further been submitted that the appellant-wife was solemnized

    marriage with the plaintiff as per Hindu customs and rites and several

    household articles, ornaments and cash were taken by the plaintiff and his

    family members. The ornaments of the defendant were forcibly taken by

    the plaintiff and his mother they also tried to snatch her mobile phone and

    on being protest raised by the defendant, her hand was cut by her mother-

    in-law by knife and her mother-in-law made pressure upon the defendant

    to cut her hair also.

    19. It has been contended that the appellant-wife is still ready to lead her

    conjugal life with her husband. The appellant-wife has been subjected to

    cruelty by her husband.

    20. It has further been contended that the respondent-husband has totally

    failed to establish the fact by producing the evidence before the Family

    Court that the appellant-wife has treated him with cruelty.

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    21. Learned counsel for the appellant-wife, based upon the aforesaid

    grounds, has submitted that the judgment impugned suffers from

    perversity, as such, not sustainable in the eyes of law.

    Submission of the learned counsel for the respondent-husband

    22. Per contra, learned counsel for the respondent-husband, while

    defending the impugned judgment, has submitted that there is no error in

    the impugned judgement. The learned Family Judge has considered all the

    aspects of the matter and came to the conclusion that the appellant-wife

    has caused mental cruelty to her husband/respondent by way of making

    such false allegations and hence, allowed the suit filed by the plaintiff-

    husband, respondent herein.

    23. It has been contended that after some days of marriage, the family

    members of the appellant-wife started making excessive interference in

    the family matter of the respondent-husband. The appellant-wife was

    never assaulted and ill-treated by the respondent-husband.

    24. It has also been submitted that during the pendency of the bail matter

    of the respondent-husband (plaintiff), mediation started and in that

    mediation, the family members of the appellant-wife (defendant) asserted

    that both the parties will live together as husband and wife and they did

    not insist the respondent for getting medical examination of the

    respondent-husband done and even during the maintenance proceeding, it

    has been deposed by the appellant’s side that without any condition, the

    appellant-wife will live with the respondent-husband, from which, it

    appears that false allegations of impotency of the respondent-husband has

    been alleged by the appellant-wife.

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    25. It has been contended that imposing false allegations of demand of

    dowry or impotency of the respondent-husband by the appellant-wife

    amounts to cruelty.

    26. It has been further contended that the appellant’s family took

    ornaments of Rs. Five lacs on 08.03.2021, which had been given by the

    respondent’s (plaintiff) family at the time of marriage of the parties.

    27. Learned counsel, based upon the aforesaid grounds, has submitted that

    the learned Family Court while taking into consideration the aforesaid

    factual aspect has rightly allowed the suit filed under Section 13 of the

    Hindu Marriage Act, therefore, the impugned judgment cannot be said to

    suffer from an error.

    Analysis:

    28. This Court has heard the learned counsel for the parties and gone

    through the findings recorded by the learned Family Judge in the

    impugned judgment.

    29. The case has been heard at length. The admitted fact herein is that the

    suit for decree of divorce against the appellant-wife has been filed under

    Section 13 of the Hindu Marriage Act and accordingly, issues have been

    framed.

    30. The evidence has been led on behalf of both the parties. For ready

    reference, the evidences led on behalf of the parties are being referred as

    under:

    31. The plaintiff, the respondent herein has examined the five witnesses in

    support of his claim, which are as follows: –

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    P.W.1-Ajit Kumar (Cousin of plaintiff), P.W.2-Udai Kumar

    (Cousin of the plaintiff), P.W.3-Bhairo Lal Gupta (Father of the plaintiff),

    P.W.4-Anupam Bipul (plaintiff himself) and P.W.5-Padma Gupta (Mother

    of the plaintiff), for ready reference, the deposition of these witnesses are

    being referred hereinbelow:-

    PW.1. Ajit Kumar is the cousin of the plaintiff and he has

    deposed in his examination-in-chief that he is acquainted with both sides.

    He has further deposed in para-2 that ornaments had been given by the

    family members of Ritu Gupta at the time of her marriage but all the

    ornaments were returned to her at the time of her bedai from Deoghar. He

    has further deposed in para-3 that both couples lived happily at the time of

    their initial stage of marriage but later on the family members of the

    defendant Ritu Guta started intervening in their conjugal life due to which

    some bitterness developed in between both the couples. He has further

    deposed in para-4 that the defendant Ritu Gupta was not being subjected

    to cruelty or she was not being ill-treated while she was living in her

    matrimonial home by anyone. He has further deposed in para-5 that

    Anupam Bipul is fully healthy in sex matter as such question of his

    medical examination does not arise. He has further deposed in para-6 that

    due to serious allegation imposed by the parents of the defendant against

    the plaintiff, the reputation of plaintiff and his entire family has been

    tarnished in the eyes of his relatives as well as in the eyes of society,

    which cannot be compensated. He has further deposed in para-7 that

    during the mediation of 498A case or in maintenance case the defendant

    told the plaintiff to lead conjugal life together but since the reputation of

    plaintiff Anupam Bipul has been deteriorated in the society and he has

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    suffered from physical and mental agony, he is not ready to keep the

    defendant with him as his wife. He has further deposed in para 8 that

    imposing false allegation against the brother and Bhabhi of the plaintiff

    also comes under the category of cruelty which is also ground of divorce.

    He has further deposed in para-9 that Rs. 7 Lakhs has already been paid to

    the defendant in the light of order of the Hon’ble Court during the hearing

    of bail petition. During cross examination, he has further deposed in para-

    10 that Anupam Bipul is his own cousin brother. He has further deposed

    in para-11 that at present the plaintiff resides at Purandaha Deoghar with

    his parents.

    He has further deposed in para-12 to 14 that there was no

    mediator in their marriage and both had seen each other before their

    marriage. He has come to know about their marriage at the time of

    engagement. He has further deposed in para-15 that he is only acquainted

    with mother of Ritu Gupta but he does not recognize her father. He did not

    talk with the defendant and their parents about their marriage. He has

    further deposed in para-16 that whenever, the family members of the

    plaintiff come to Sahebganj they usually stay at his home. He has further

    deposed in para-17 that his uncle i.e. father of plaintiff Anupam Bipul has

    retired from bank and he gets pension also and the plaintiff is a You-tuber.

    He has further deposed in para-19 that Ritu Gupta lived in her

    matrimonial home till 10-12 days. He has further deposed in para-20 that

    after marriage, the plaintiff has never visited his sasural.

    He has further deposed in para-21 that he did not try to pacify

    the matter when dispute arose in between them. He has further deposed in

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    para-23 that it is not true that Ritu Gupta was tortured for dowry, while

    she was residing at her sasural. He has further deposed in para-24 that

    troubles started in their married life from the very first day and the said

    fact came to his knowledge from the family members of the plaintiff and

    defendant was convinced by the family members of the plaintiff but she

    did not ready for the same. He has further deposed in para-25 that earlier

    he has come to depose his evidence in court in another case pending in

    between both of them.

    He has further deposed in para-26 that Anupam Bipul will

    solemnize another marriage after getting free from defendant as now he is

    fully frustrated with his marriage.

    He has further deposed in para-28 and 29 that Ritu had not

    been subjected to cruelty by her in-laws and Ritu has lodged dowry case

    and maintenance case against her husband and her in-laws. He has further

    deposed in para-31 and 33 that now the plaintiff does not want to keep his

    wife with him due to unnecessarily interference of the parents of the

    defendant. He has further deposed in para-36 that he wants to get his

    cousin rid of the defendant.

    PW-2 Udai Kumar Sah is Fufera brother (Cousin) of the

    plaintiff and he has deposed at para-1 of his examination-in-chief that he

    is acquainted with both sides of this suit. He has further deposed in para-2

    that that all the costs of marriage of the plaintiff were paid by the family

    members of the plaintiff. He has further deposed in para 3 that ornaments

    had been given by the family members of Ritu Gupta at the time of her

    marriage but all the ornaments were returned to her at the time of her

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    bedai from Deoghar. He has further deposed in para-4 that both couples

    lived happy at the time of their initial stage of marriage but later on the

    family members of the defendant Ritu Guta started intervening in their

    conjugal life due to which some bitterness developed in between both the

    couples.

    He has further deposed in para-5 that the defendant Ritu Gupta

    was not being subjected to cruelty or she was not being ill-treated while

    she was living in her matrimonial home by anyone.

    He has further deposed in para-6 that Anupam Bipul is fully

    healthy in sex matter as such question of his medical examination does not

    arise. He has further deposed in para-6 that due to serious allegation

    imposed by the parents of the defendant against the plaintiff, the

    reputation of plaintiff and his entire family has been tarnished in the eyes

    of his relatives as well as in the eyes of society, which cannot be

    compensated. He has further deposed in para-8 that during the mediation

    of 498A case or in maintenance case the defendant told the plaintiff to

    lead conjugal life together but since the reputation of plaintiff Anupam

    Bipul has been deteriorated in the society and he has suffered from

    physical and mental agony, he is not ready to keep the defendant with him

    as his wife. He has further deposed in para 9 that imposing false allegation

    against the brother and Bhabhi of the plaintiff also comes under the

    category of cruelty which is also ground of divorce. He has further

    deposed in para-9 that Rs. 7 Lakhs has already been paid to the defendant

    in the light of order of the Hon’ble Court during the hearing of bail

    petition. He has further deposed in para-10 that while he was called by the

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    mother of the defendant at Sahebganj then he asked the defendant that it

    has been alleged by her that her hand has been cut by in-laws then it was

    told by the defendant that she does not have cut injury rather she had

    pasted Mehandi on her hands.

    He has further deposed in para-11 that Rs. 7 Lakhs has already

    been paid to the defendant in the light of order of the Hon’ble Court during

    the hearing of bail matters. During cross-examination, he has further

    deposed that in para-12 that plaintiff is his own maternal brother and he

    has no relation with the defendant. He has further deposed in para-13 that

    he had given contact number of the family members of the plaintiff to

    defendant for negotiation of marriage in between them.

    He has further deposed in para-14 that he had gone to the house

    of the plaintiff once after his marriage. He was informed by mother of

    Ritu Gupta that the defendant has come to Sahebganj.

    He has further deposed in para-15 to 17 that he has not visited

    Deoghar while the plaintiff and defendant resided there but his maternal

    brother frequently comes to his house at Sahebganj. He has further

    deposed that he has no conversation with the plaintiff and defendant while

    they were living together. He has further deposed in para-18 that he

    cannot say that the plaintiff and his family members used to assault Ritu

    Gupta after marriage for dowry.

    He has further deposed in para-19 that there is a pucca house of

    his maternal uncle at Deoghar where the plaintiff lives with his parents

    and another brother lives separately from them. He has further deposed in

    para-20 that the plaintiff Anupam Bipul is a You-tuber. He has further
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    deposed in para-21 that he has no relation with the mother of the

    defendant. He has further deposed in para-22 that once mother of the

    defendant had told him for Bedai of her daughter then he advised her to

    talk with father of the plaintiff. He has further deposed in para-23 that he

    has no knowledge that his maternal uncle and his family members used to

    visit in Sahebganj or not. He has further deposed in para-24 that the

    defendant wants to go to her matrimonial home but the plaintiff and his

    family members do not want to keep her with them. He has further

    deposed in para-26 to 28 that he is deposing evidence on the direction of

    his maternal uncle and his advocate. He has further deposed in para-29

    that as per his knowledge a case is pending in between both the parties for

    altercation took place in between them. He has further deposed in para-30

    & 31 that he has no knowledge that the plaintiff wants to solemnize

    another marriage after giving divorce to his wife and it is not true that he

    is giving false evidence in favour of his maternal brother.

    PW-3 Bhairo Lal Gupta is father of the plaintiff and he has

    deposed in para-3 of his examination-in-chief that in the beginning of

    married life the defendant Ritu Gupta lived happily at her matrimonial

    house with his son Anupam Bipul but later on due to excessive

    interference of the family members of the defendant in their married life,

    tense relation started in their marital life and the family members of the

    defendant Ritu Gupta started making baseless demands for unnecessarily

    medical examination of his son Anupam Bipul. He has further deposed in

    para-4 that in the initial days when both the husband and wife used to

    spend nights together, the defendant Ritu Gupta never made any

    complaint to them against her husband.

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    He has further deposed in para-5 that the family members of

    the defendant got the Bedai of the defendant Ritu Gupta taken with their

    ornaments and thereafter the defendant lodged a false case u/s 498A of the

    I.P.C against his both sons, his wife and wife of his elder son in Saheganj

    but during investigation, the police did not find any evidence against his

    elder son and his wife and the police submitted final form. He has further

    deposed in para-6 that the entire acts have been done by Ritu Gupta under

    the influence of her family members and now when she has realized her

    mistake after spreading so much bitterness and rumours in the society and

    proving his son to be an eunuch in the entire society, she wants to spend

    her married life with his son again, which is not acceptable to his son

    under any circumstances.

    He has further deposed in para-7 that the reputation of his entire

    family has been tarnished in the eyes of entire society which cannot be

    compensated. He has further deposed in para-8 & 9 that false & concocted

    story has been created by the defendant against him and his family

    members in the case of 498A of the I.P.C and maintenance case which

    comes under the category of cruelty as his son is suffering from mental

    and physical agony due to that allegation and now he is not ready to lead

    his conjugal life with the defendant in any situation which is ground for

    divorce.

    During cross-examination, he has further deposed in para-10

    that he lives in Deoghar since 1992 and his elder brother lives in

    Sahebganj and he occasionally used to visit Sahebganj at the house of his

    elder brother. He has further deposed in para-12 to 14 that he has two sons

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    out of whom his elder son is a medical officer. He has further deposed that

    the plaintiff is a You-tuber since the time of his marriage. He has two

    storied building in Deoghar, in which his both sons also live. He has

    further deposed in para-15 that the marriage of Anupam Bipul was

    solemnized with Ritu Gupta on 17.02.2021 and there was no mediator in

    their marriage but marriage was solemnized after understanding

    everything. He has further deposed in para-16 that Rs five Lakhs fifty-five

    thousand was given by the family members of Ritu Gupta in his account at

    the time of marriage of his son and they had given Rs 5,000/- cash for

    purchasing of clothes etc. He has further deposed in para-17 that Ritu

    Gupta has not been residing with his son at his house since 07.03.2021.

    He had further deposed in para-18 &19 that there is no conversation with

    Ritu Gupta or her parents since 07.03.2021 when Ritu went to her maike

    rather he had told her mother on phone for her bedai but he had not sent

    legal notice or any case was lodged by him against her.

    He has further deposed in para-20 that family members of Ritu

    Gupta did not come to his house for making any request for getting bedai

    of Ritu Gupta done.

    He has further deposed in para-21 that after marriage Ritu lived

    with his son Anupam Bipul for some days only but there is no offspring

    out of their conjugal relation. He has further deposed in para-22 & 23 that

    it is not true that when he refused to take bedai of Ritu Gupta then the

    family members of the defendant lodged a dowry case, rather, he was

    ready to take bedai of defendant before lodging the said case. He has

    further deposed in para-24 that a case u/s 498A of the I.P.C. is still

    18
    2026:JHHC:6760-DB

    pending against them. He has further deposed in para-25 that his son

    Anupam Bipul does not take self-decisions against his will which is

    generally happens in every family but some decisions is taken by his son

    himself also.

    He has further deposed in para 27 that he has knowledge that

    an order of maintenance allowance has been passed against his son which

    had been filed by Ritu Gupta. He has further deposed in para-29 that his

    son is not impotent and they do not ready to take the defendant Ritu Gupta

    with them due to their bad reputation in entire society. He has further

    deposed in para-30 that since they have visiting term at Sahebganj so this

    case has been filed by them here.

    He has further deposed in para-31 & 32 that it is also not true

    to say that Ritu Gupta was assaulted by them when she was residing there.

    It is also not true to say that just after 2 to 3 days of their marriage they

    did not want to keep the defendant with them as they did not like her. He

    has further deposed in para-33 that it is also not true to say that marriage

    of his son has been fixed at another place. He has further deposed in para-

    34 that it is also not true to say that they subjected the defendant to cruelty

    and when they did not ready to bring her back then the defendant lodged a

    dowry case and maintenance case against them. He has further deposed in

    para-37 that it is also not true to say that their family has not been exposed

    in the society by the family of Ritu Gupta and their reputation has not

    been tarnished in their society.

    He has further deposed in para-38 that he is deposing his

    evidence in divorce case and his son has got all the facts of this case

    19
    2026:JHHC:6760-DB

    written and at that time he was also present there. He has further deposed

    in para-39 that it is not true to say that he got the instant false case lodged

    through his son and he wants to get another marriage of his son done after

    realizing huge amount and today he has given false evidence in support of

    his son.

    PW-5 Padma Gupta is mother of the plaintiff and she has

    almost reiterated the same version in her examination-in-chief as deposed

    by her husband Bhairo Lal Gupta (PW-3) in his examination-in-chief and

    as such, to avoid repetition only relevant portion of her cross-examination

    is being discussed here.

    During cross-examination, she has further deposed in para-10

    that Anupam Bipul is her younger son and Abhinav Atul is her elder son,

    who lives outside. She has further deposed that the date of marriage of her

    son Anupam Bipul is not in her memory. She has further deposed that the

    marriage of Anupam Bipul was solemnized with Ritu Gupta with the

    consent of her entire family members. She has further deposed that

    Anupam Bipul lives with her in her house. She has further deposed that

    after marriage Ritu Gupta lived at her house only 15 to 17 days and no

    altercation took place between her son and daughter-in-law in her

    presence but she has no knowledge as to what has happened between

    them. She has further deposed that her son works in You-tube and earlier

    he was doing job in Bengaluru but after Corona he is doing his job from

    home. She has further deposed that defendant Ritu Gupta came back two

    and half years ago and thereafter they tried to get her back but she did not

    come. She has further deposed that her son had not gone to take bedai of

    20
    2026:JHHC:6760-DB

    his wife. She has further deposed that there is no issue from wedlock of

    her son and her daughter in law.

    She has further deposed in para-11 that it is not true to say that

    they used to demand of Rs. 5 Lakhs as dowry from her daughter-in-law

    due to which her daughter-in-law has lodged a case against them. She has

    further deposed in para-12 that she cannot say as to whether marital

    relation was established in between her son and her daughter in law or not.

    She has further deposed in para-13 that it is not true to say that she wants

    to get another marriage of her son solemnized. She has further deposed in

    para-14 that now they do not want to keep Ritu Gupta with them. She has

    filed a medical report of her son after getting medical examination of her

    son done on demand of her family members. She has further deposed that

    her son pay respect to her but he is free to take independent decisions and

    she has no objection if her son is ready to keep his wife with him. She has

    further deposed in para-15 that it is not true to say that they did not like

    Ritu Gupta since after her marriage.

    32. The defendant, appellant herein has also examined the following

    witnesses in support of her claim, which are as follows:-

    D.W.1-Deepak Kumar Gupta (father of the defendant), D.W.2-

    Manita Devi (mother of the defendant) and D.W.3-Ritu Gupta (defendant

    of the suit).

    DW-3 Ritu Gupta has deposed in para-1 of her examination-

    in-chief that the plaintiff is her husband and her marriage was solemnized

    with him on 17.02.2021 as per Hindu customs and rites and Rs. seven

    Lakhs and Fifty-five thousand cash, ornaments and domestic articles were
    21
    2026:JHHC:6760-DB

    given by her family members to them at the time of her marriage and after

    marriage she went to her matrimonial home where the plaintiff and his

    family members started subjecting her physical and mental cruelty for

    golden ornaments (Nath) and even proper meal was not being provided to

    her. She has further deposed in para-2 that 4 Syringe blood was taken by

    the plaintiff and his family members forcibly from her body on the pretext

    of getting her blood test done and they used to keep the plaintiff away

    with her and her mother-in-law inflected cut injury in her hand by knife

    during snatching her mobile and the plaintiff and his parents used to put

    pressure upon her to keep Hippi chul and even her mother-in-law tried to

    cut her hair also and when she raised protest then her husband broke all

    his relation with her and even after living with her he did not make marital

    relationship with her.

    She has further deposed in para-3 that she became suspicious

    and started telling everything to her maternal family, then her parents used

    to talk to her husband and his parents regarding the same then her

    husband’s parents used to make excuse by saying that they will get their

    son medically examined. She has further deposed that after some days her

    family members came to her matrimonial home for taking her bedai but

    they were ill-treated by her in-laws and they demanded Rs five lakhs from

    her parents and they did not give her bedai and assaulted her brutally. She

    has further deposed in para-4 that after getting information again her

    parents came there but they were not permitted to meet her and they again

    gave false assurance of getting the medical examination of her husband

    done and thereafter her parents brought her to Sahebganj. She has further

    deposed that her parents requested her husband and his parents for taking

    22
    2026:JHHC:6760-DB

    her bedai but they avoided on one pretext or other by getting the medical

    examination of her husband done. She has further deposed that mediator

    of her marriage namely Uday Kumar several times came to her house and

    whenever she and her family members requested them for getting her

    bedai done, it was being told by them that they will take her bedai only on

    payment of Rs 5 lacs more and when despite of several requests the

    plaintiff did not take her bedai then she lodged a case against her husband

    and her in laws. She has further deposed that even in that case the plaintiff

    did not file his medical report.

    She has further deposed that several times matter were referred

    to mediation, in which initially her husband became ready for taking her

    bedai but later on in collusion with his parents he refused to take her bedai

    due to not providing him more money. She has further deposed in para-6

    that the plaintiff works as You-tubers and during that business he came in

    contact with several girls to whom he wants to solemnize his marriage.

    She has further deposed in para-7 that her parental family have

    never interfered in her conjugal life rather the plaintiff’s mother used to

    interfere in their marriage life and parents of her husband, due to greed of

    dowry, have wrong intention of not keeping her and getting a divorce

    from her husband.

    She has further deposed in para-8 that the plaintiff and his

    parents are responsible for not making physical relation with her. She has

    further deposed that the plaintiff’s parent themselves wanted to get the

    medical checkup of her husband done. She has further deposed that she

    does not want to give divorce to her husband. She has further deposed in

    23
    2026:JHHC:6760-DB

    para-9 that the plaintiff and his family members left her in her parental

    home since the year 2022 due to not providing more dowry to them and

    because she is not a model girl, whereas she and her parents have always

    paid respect to her husband and her parents and she has never hurt their

    feeling.

    She has further deposed that her action and behaviour did not

    cause any social or mental harm to her husband rather she has herself

    made victim for leaving her in parental home and not taking her bedai.

    She has further deposed in para-10 that the plaintiff’s parents have

    wrongly spread rumor of impotency of her husband and on this pretext,

    they have filed false divorce case against her and the entire claims of her

    husband is false and baseless.

    During cross-examination, in para-12, she has deposed that it is

    true that Rs five Lakhs fifty-five thousand had been transferred to the

    plaintiff through bank and rest amount was given in cash and some

    articles were also given to them. She has further deposed in para-14 that it

    is not true that before this suit she had lodged a case against her husband,

    father-in-law, mother-in-law and Jethani accusing them of getting her

    marriage solemnized with an impotent boy but in para-15 it has been

    accepted by her that the said case is pending before the court of Chief

    Judicial Magistrate, Sahebganj. She has further deposed in para-16 & 17

    that it is true that it has been alleged by her in that case that she has been

    subjected to cruelty by not getting proper food and suffering from illness

    and it is also true that her bedai was given from her sasural with her

    ornaments. She has further deposed in para-18 that it has been alleged that

    24
    2026:JHHC:6760-DB

    by her in that case that her husband Anupam Bipul got acquainted with

    many model girls while working in You-tube due to which he wanted to

    solemnize his marriage with a model girl. She has further deposed in para-

    19 that she has also got it written in that case that her hand was cut by her

    mother-in-law with a knife while snatching her mobile but she did not get

    her treatment done.

    She has further deposed in para-20 that she has also got it

    written in her 498A case that parents of her husband have deliberately

    lodged a false case after believing the rumor of impotency of her husband.

    She has further deposed in para -21 that it is not true that she has made

    allegation in her 498A case that her husband is incapable in establishing

    marital relations.

    She has further deposed in para-22 that her husband himself

    told her that he is an impotent then she told her mother-in-law about this

    then the question of medical examination of her husband was raised but

    the family members of her husband did not get the medical examination of

    her husband done. She has further deposed that she has not stated in 498A

    case that Udai Kumar, who was mediator of her marriage, deliberately got

    her marriage done with an impotent boy.

    She has further deposed in para-24 that it is not true that due to

    imposing false allegation of impotency of her husband by her, the

    reputation of her husband and his family members have been tarnished in

    the society. She has further deposed in para-26 that it is true that she is

    still ready to go to her matrimonial home despite of being harassed by her

    25
    2026:JHHC:6760-DB

    in-laws for demand of dowry and subjecting her to physical and mental

    cruelty by them.

    She has further deposed in para-27 that it is true to say that the

    police have submitted final form against her jeth, jethani and Udai Kumar

    after completion of investigation as no evidence was found against them.

    She has further deposed in para-29 that it is not true that under the

    influence of her family members she imposed false allegation of

    impotency of her husband and now she is ready to go to her matrimonial

    home on the insistence of her family members. It is not true that there is

    no possibility of their marital relation ahead. She has further deposed in

    para-30 that it is not true that it is no longer possible to continue the

    marital relationship between her and her husband.

    DW-1 Deepak Kumar Gupta is father of the defendant and he

    has almost reiterated the same facts in his examination-in-chief as deposed

    by his daughter (DW-3) in her examination-in-chief and thus to avoid

    repetition only relevant portion of his cross examination is being

    discussed here. During cross examination, he has deposed in para-12 that

    his daughter is still ready to live with her husband despite of taking four

    syringe blood from her body, not keeping physical relation with her and

    demanding of Rs 5 Lakhs as dowry.

    He has further deposed in para-13 that his daughter has filed a

    case against the plaintiff, his brother, bhabhi and her father-in-law and

    mother-in-law but it is not true that in that dowry case her daughter has

    imposed allegation against her husband that he is an impotent and despite

    of her repeated request her husband did not get his medical test done. He

    26
    2026:JHHC:6760-DB

    has further deposed in para-14 that he has not knowledge as to what has

    been mentioned by his daughter in dowry case. He has further deposed in

    para-15 that Rs 8,000/-per month maintenance allowance is being paid to

    her daughter.

    He has further deposed in para-16 that he took bedai of his

    daughter from her matrimonial home with the consent of her in laws with

    some ornaments and prior to filing of this case, a panchayati was

    convened in presence of five people of the plaintiff’s sides, in which it was

    decided that he should take Bedai of his daughter done and as such he

    brought his daughter on 08.03.2021 and in the month of June, 2021 case

    was lodged in the court and thereafter no panchayati was convened in

    village society.

    He has further deposed in para-17 that it is not true to say that

    during mediation it was told by the plaintiff that his reputation has been

    tarnished in the society and as such he will not take bedai of his wife.

    He has further deposed that now this thought has gone from the

    mind of his daughter that her husband is impotent. He has further deposed

    in para-18 that he is not true that he wants to realize more money from the

    family members of the plaintiff due to which he resists this divorce suit

    and now he has no love and affection with the plaintiff’s side.

    DW-2 Manita Devi is mother of the defendant and she has also

    almost reiterated the same facts in her examination-in-chief as deposed by

    DW-1 & D.W.3 in their examination-in-chief and thus to avoid repetition

    only relevant portion of her cross examination is being discussed here.

    During cross examination, she has deposed in para-12 that earlier to this
    27
    2026:JHHC:6760-DB

    case her daughter has filed a dowry case against Anupam Bipul and his

    family members and she has read the contents of that application. She has

    further deposed that it has falsely been typed in her affidavit that mother-

    in-law of her daughter inflected cut injury in the hand of her daughter with

    knife during snatching ornaments rather cut injury was done during

    snatching of mobile. She has further deposed that she had also written in

    dowry case that her son in law (Anupam Bipul) was ready to take bedai of

    Ritu Gupta but later on he refused to take bedai of his wife due to non-

    fulfillment of demand of dowry under the influence of his parents. She has

    further deposed in para-13 that it is not true that she has also stated in

    dowry case that her son in law was reluctant to get medical examination of

    his manliness done which was the main cause of dispute. She has further

    deposed in para-14 that she has no doubt in manliness of her son-in-law

    rather he and his parents have deliberately made the excuse of impotence

    and filed a false case against her daughter for taking divorce. She has

    further deposed in para-15 that it is true that she has stated in dowry case

    that her son in law wants to marry another modern girl. She has further

    deposed that she cannot say as to whether it is disrespectful to any

    husband or her family if his wife put question mark on the potency of her

    husband. She has further deposed in para-16 that no any panchayati has

    been convened as yet for bedai of her daughter. She has further deposed

    that her daughter has filed a maintenance case, in which she gets

    maintenance of Rs.8,000/- per month and her daughter has received Rs.

    seven Lakhs from her husband in the light of direction of the Hon’ble

    High Court at the time of hearing of anticipatory bail of her son-in-law.

    She has further deposed in para-17 that her daughter has filed a dowry

    28
    2026:JHHC:6760-DB

    case against her Bhaisur, Jeth and his family members and one Udai

    Kumar but police did not find any evidence against them. She has further

    deposed that family members of the plaintiff had come to her house after

    taking bedai of her daughter and negotiation was done in between them in

    mediation centre. She has further deposed in para-18 that it is not true that

    they have themselves ruined the life of her daughter in the hurry of filing

    case. She has further deposed in para-20 that it is the influence of his

    parents. She has further deposed in para-13 that it is not true that she has

    also stated in dowry case that her son in law was reluctant to get medical

    examination of his manliness done which was the main cause of dispute.

    She has further deposed in para-14 that she has no doubt in

    manliness of her son-in-law rather he and his parents have deliberately

    made the excuse of impotence and filed a false case against her daughter

    for taking divorce. She has further deposed in para-15 that it is true that

    she has stated in dowry case that her son in law wants to marry with

    another marriage modern girl. She has further deposed that she cannot say

    as to whether it is disrespectful to any husband or her family if his wife

    put question mark on the potency of her husband.

    She has further deposed in para-16 that no any panchayati has

    been convened as yet for bedai of her daughter. She has further deposed

    that her daughter has filed a maintenance case, in which she gets

    maintenance of Rs.8,000/- per month and her daughter has received Rs.

    seven Lakhs from her husband in the light of direction of the Hon’ble

    High Court at the time of hearing of anticipatory bail of her son-in-law.

    She has further deposed in para-17 that her daughter has filed a dowry

    29
    2026:JHHC:6760-DB

    case against her Bhaisur, Jeth and his family members and one Udai

    Kumar but police did not find any evidence against them. She has further

    deposed that family members of the plaintiff had come to her house after

    taking bedai of her daughter and negotiation was done between them in

    mediation centre. She has further deposed in para-18 that it is not true that

    they have themselves ruined the life of her daughter in the hurry of filing

    case. She has further deposed in para-20 that it is not true that they have

    spread a false rumour in the society of her son-in-law that he is impotent.

    33. Now coming to the contention of the learned counsel for the parties

    wherein the learned counsel for the appellant has argued that the

    evidences have not properly been appreciated and considered by the

    learned family Court and as such, the impugned judgment suffers from

    perversity, hence, not sustainable in the eyes of law.

    34. While on the other hand, argument has been advanced on behalf of the

    respondent that the judgment has well been considered as such,

    order/judgment impugned requires no interference.

    35. This Court, while appreciating the argument advanced on behalf of the

    parties on the issue of perversity, needs to refer herein the interpretation of

    the word “perverse” as has been interpreted by the Hon’ble Apex Court

    which means that there is no evidence or erroneous consideration of the

    evidence. The Hon’ble Apex Court in Arulvelu and Anr. vs. State

    [Represented by the Public Prosecutor] and Anr., (2009) 10 SCC 206

    while elaborately discussing the word perverse has held that it is, no

    doubt, true that if finding of a fact is arrived at by ignoring or excluding

    relevant material or by taking into consideration the irrelevant material or

    30
    2026:JHHC:6760-DB

    if the finding so outrageously defies logic as to suffer from the vice of

    irrationality incurring the blame of being perverse, then, the finding is

    rendered infirm in law. Relevant paragraphs, i.e., paras-24, 25, 26 and 27

    of the said judgment reads as under:

    “24. The expression “perverse” has been dealt with in a number of
    cases. In Gaya Din v. Hanuman Prasad [(2001) 1 SCC 501] this
    Court observed that the expression “perverse” means that the findings
    of the subordinate authority are not supported by the evidence brought
    on record or they are against the law or suffer from the vice of
    procedural irregularity.

    25. In Parry’s (Calcutta) Employees’ Union v. Parry & Co. Ltd. [AIR
    1966 Cal 31] the Court observed that “perverse finding” means a
    finding which is not only against the weight of evidence but is
    altogether against the evidence itself.
    In Triveni Rubber &
    Plastics v. CCE
    [1994 Supp (3) SCC 665 : AIR 1994 SC 1341] the
    Court observed that this is not a case where it can be said that the
    findings of the authorities are based on no evidence or that they are so
    perverse that no reasonable person would have arrived at those
    findings.

    26. In M.S. Narayanagouda v. Girijamma [AIR 1977 Kant 58] the
    Court observed that any order made in conscious violation of pleading
    and law is a perverse order.
    In Moffett v. Gough [(1878) 1 LR 1r 331]
    the Court observed that a “perverse verdict” may probably be defined
    as one that is not only against the weight of evidence but is altogether
    against the evidence. In Godfrey v. Godfrey [106 NW 814] the Court
    defined “perverse” as turned the wrong way, not right; distorted from
    the right; turned away or deviating from what is right, proper, correct,
    etc.

    27. The expression “perverse” has been defined by various
    dictionaries in the following manner:

    1. Oxford Advanced Learner’s Dictionary of Current English, 6th
    Edn.

    “Perverse.–Showing deliberate determination to behave in a way
    that most people think is wrong, unacceptable or unreasonable.”

    2. Longman Dictionary of Contemporary English, International
    Edn.

    31

    2026:JHHC:6760-DB

    Perverse.–Deliberately departing from what is normal and
    reasonable.

    3. The New Oxford Dictionary of English, 1998 Edn.

    Perverse.–Law (of a verdict) against the weight of evidence or the
    direction of the judge on a point of law.

    4. The New Lexicon Webster’s Dictionary of the English
    Language (Deluxe Encyclopedic Edn.)

    Perverse.–Purposely deviating from accepted or expected
    behavior or opinion; wicked or wayward; stubborn; cross or petulant.

    5. Stroud’s Judicial Dictionary of Words & Phrases, 4th Edn.

    “Perverse.–A perverse verdict may probably be defined as one that is
    not only against the weight of evidence but is altogether against the
    evidence.”

    36. Thus, a perverse verdict may probably be defined as one that is not only

    against the weight of evidence but is altogether against the evidence.

    Further “perverse” means that the findings of the subordinate authority are

    not supported by the evidence brought on record or they are against the

    law or suffer from the vice of procedural irregularity.

    37. Herein it has been contended by the learned counsel for the appellant/wife

    that it has falsely been stated by the respondent/husband either in his

    pleading or in his testimony that the reputation of his family members has

    been tarnished in entire societies from the version of appellant/wife about

    the non-fulfillment of marital obligation by the

    respondent/plaintiff/husband. Moreover, the said statement does not come

    under the category of cruelty in the light of provision contained u/s 13 (1)

    (ia) of the Hindu Marriage Act 1955.

    38. Per contra, learned counsel for the respondent/plaintiff/husband has

    contended that the false allegation of impotency of respondent/husband

    32
    2026:JHHC:6760-DB

    by his own wife (appellant herein) before his family members and

    relatives as well as alleging the said fact by the defendant/appellant in

    recital of FIR of Sahebganj (T) P.S. Case No.103/2021 also comes under

    the category of mental cruelty as reputation of

    respondent/husband/plaintiff and his family members have been tarnished

    in the entire society which cannot be compensated and thereby the

    appellant/wife has spread false rumour in society about the impotency of

    her husband (respondent herein) and later on when she realized that her

    remaining marital life is going to be ruined then she herself reverted from

    her own statement about the impotency of her husband and now she is

    ready to lead her conjugal life with her husband but in this situation, the

    respondent/plaintiff/ husband does not want to lead his conjugal life with

    his wife .

    39. It is evident from the factual aspect that before the learned Family Court

    the plaintiff/husband (respondent herein) has brought the suit with a

    relief to grant a decree of divorce against his legally wedded wife namely

    Ritu Gupta (appellant herein) on the ground of cruelty as his wife has

    alleged against him that he is not able to fulfill the marital obligation due

    to his impotency and accordingly issues have been framed and the

    learned Family Court has gone into the interpretation of the word

    “cruelty” and assessing the same from the material available on record as

    also the submission made in the pleading, i.e., plaint, has found that the

    element of cruelty has been established and accordingly the learned

    family judge has passed the order of dissolution of marriage. The said

    finding of the learned Family Court has been assailed herein by the

    defendant/wife (appellant herein) by way of filing the instant appeal.

    33

    2026:JHHC:6760-DB

    40. It needs to refer herein the settled position of law that the High Court in a

    First Appeal can examine every question of law and fact which arises in

    the facts of the case and has powers to affirm, reverse or modify the

    judgment under question. In “Jagdish Singh v. Madhuri Devi” (2008) 10

    SCC 497 the Hon’ble Supreme Court observed that it is lawful for the

    High Court acting as the First Appellate Court to enter into not only

    questions of law but questions of fact as well and the appellate Court

    therefore can reappraise, reappreciate and review the entire evidence and

    can come to its own conclusion. For ready reference the relevant

    paragraph of the said judgment is being quoted as under:

    “It is no doubt true that the High Court was exercising power as the
    first appellate court and hence it was open to the Court to enter into
    not only questions of law but questions of fact as well. It is settled law
    that an appeal is a continuation of suit. An appeal thus is a rehearing
    of the main matter and the appellate court can reappraise,
    reappreciate and review the entire evidence–oral as well as
    documentary–and can come to its own conclusion.

    41. Further, it requires to refer herein that under section 3 of the Indian

    Evidence Act a fact is said to be proved when the Court either believes it

    to exist or considers its existence so probable that a prudent man under the

    circumstances would proceed on the supposition that such fact really

    exists. Therefore, the normal rule of preponderance of probability is

    the rule which governs the civil proceedings but herein since grave

    allegation of extra-marital affair has been alleged therefore cogent

    evidence is required to be laid by the plaintiff/appellant.

    42. The expression “preponderance of probability” is not capable of exact

    definition nor can there be any strait-jacket formula or a weighing

    machine to find out which side the balance is tilted. The preponderance of
    34
    2026:JHHC:6760-DB

    probability would imply a positive element about possibility of existence

    of a fact. This means a higher degree of probability of happening of

    something and existence of a fact.

    43. In “A. Jayachandra v. Aneel Kaur” (2005) 2 SCC 22 the Hon’ble Apex

    Court has observed that the concept, a proof beyond the shadow of doubt,

    is to be applied to criminal trials and not to civil matters and certainly not

    to matters of such delicate personal relationship as those of husband and

    wife. Therefore, the Court has to see what are the probabilities in the case

    and legal cruelty has to be found out, not merely as a matter of fact, but as

    the effect on the mind of the complainant spouse caused by the acts or

    omissions of the other.

    44. Since this Court are exercising the power of appeal as referred

    hereinabove and as per the settled position of law which require the

    consideration of the appellate Court is that the order/judgment passed by

    the appropriate Forum, if suffers from perversity, the same is to be taken

    as a ground for its reversal.

    45. Further it is evident from order dated 05.12.2025, this Court in the ends

    of justice and also taking into consideration the fact that as has been

    admitted on behalf of the respondent-husband that some medical

    certificate disproving the allegation of impotency had been produced

    before the Mediator has observed that if such medical certificate is

    available, the same is to be perused by this Court, for ready reference the

    relevant paragraph of the aforesaid order is being quoted as under:

    Order No.09/dated 05.12.2025

    35
    2026:JHHC:6760-DB

    We have heard the learned Counsel for the parties at length. But in
    course of argument, this Court has thought it proper to consider the
    main issue of allegation as has been alleged to be levelled by the wife-
    appellant against the husband i.e. her husband is impotent. What we
    have gathered from the impugned Judgment that only on the basis of
    oral evidence the fact about impotency has been accepted to be denied.

    2. Mr. Bajaj, learned Counsel appearing for the respondenthusband
    has relied upon the evidence of D.W.1 where reference of the
    mediation report wherein some medical certificate has been said to be
    submitted before the Mediator. The said medical certificate is not
    brought on record in course of the trial.

    3. This Court in the ends of justice and also taking into consideration
    the fact that as has been admitted on behalf of the respondent-husband
    that some medical certificate disproving the allegation of impotency
    had been produced before the Mediator is of the view that if such
    medical certificate is available, the same is to be perused by this Court.

    4. Learned Counsel for the respondent has sought for two weeks’ time
    to bring the aforesaid medical certificate, if any, within two weeks.

    5. It is made clear that there may not be any manipulation in obtaining
    the medical certificate. If that endeavour will be taken, the Court will
    take strict view of the matter.

    6. List after two weeks i.e. on 22.12.2025.

    46. In compliance of the aforesaid order the respondent/husband by way of

    filing affidavit has placed the relevant medical record (Annexure-2 series).

    It has been stated in the said affidavit that the finding of the Medical

    Report goes on to demonstrate and clarify that any allegation of sexual

    impotency of respondent/husband are baseless, false and without any

    merit. For ready reference the relevant paragraph is being quoted as under:

    5. That from a bare perusal of the medical records (Annexure-2
    series) it would be evident that during the pendency of the criminal
    case i.e. on 11.08.2021, the respondent-husband approached one Dr.
    Gauri Shankar, M.B.B.S at Deoghar who gave a preliminary
    impression of the respondent being “Healthy adult male.”

    However, on account of continued harassment by the appellant and
    36
    2026:JHHC:6760-DB

    her family, the respondent eventually decided to bring a quietus to the
    issue of false allegations of sexual impotency and hence, the said Dr.
    Gauri Sharma referred to respondent-Husband to Dr. Reddy’s
    Medicare where a comprehensive test was conducted on 12.08.2021.
    That, as is clear from the results of report dated 12.08.2021,
    especially at internal page 4 and 5 of the test report that the
    respondent-husband’s sperm count is within normal range.

    That, further, it is pertinent to indicate that complete semen analysis
    and motility of the respondent-husband was assessed and no issues
    whatsoever on point of low sperm count or lesser than normal value
    on various aspects analyzed were flagged in the report dated
    12.08.2021.

    47. It is evident from record that although before the learned Family Court, it

    has not been mentioned by the plaintiff/respondent/husband in his plaint

    specifically that in which sub-section of Section 13 of the Hindu Marriage

    Act he has filed the suit. However, on perusal of record, it appears that in

    the plaint it has been averred that the allegation of impotency was alleged

    by the defendant/wife (appellant herein) against the plaintiff/husband

    (respondent herein). From aforesaid it is apparent that the

    plaintiff/husband (respondent herein) has brought the divorce suit against

    his wife on the ground that he has been falsely alleged by his wife as

    impotent, thus this Court has to decide as to whether imposing false

    allegation of impotency by the wife against her husband can be treated as

    cruelty as one of the ground of divorce as provided in section 13 (1) (i-a)

    of the Hindu Marriage Act or not.

    48. Since, the main issue is the cruelty herein therefore, before adverting to

    the merit of the case this Court would like to discuss the core of cruelty as

    stipulated in the Act 1955, for proper adjudication of the lis.

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    2026:JHHC:6760-DB

    49. It needs to refer herein that the “cruelty” has been interpreted by the

    Hon’ble Apex Court in the case of Dr. N.G. Dastane vs. Mrs. S. Dastana,

    (1975) 2 SCC 326 wherein it has been laid down that the Court has to

    enquire, as to whether, the conduct charge as cruelty, is of such a

    character, as to cause in the mind of the petitioner, a reasonable

    apprehension that, it will be harmful or injurious for him to live with the

    respondent.

    50. This Court deems it fit and proper to take into consideration the meaning

    of ‘cruelty’ as has been held by the Hon’ble Apex Court in Shobha Rani

    v. Madhukar Reddi, (1988)1 SCC 105 wherein the wife alleged that the

    husband and his parents demanded dowry. The Hon’ble Apex Court

    emphasized that “cruelty” can have no fixed definition.

    51. According to the Hon’ble Apex Court, “cruelty” is the “conduct in

    relation to or in respect of matrimonial conduct in respect of matrimonial

    obligations”. It is the conduct which adversely affects the spouse. Such

    cruelty can be either “mental” or “physical”, intentional or unintentional.

    For example, unintentionally waking your spouse up in the middle of the

    night may be mental cruelty; intention is not an essential element of

    cruelty but it may be present. Physical cruelty is less ambiguous and more

    “a question of fact and degree.”

    52. The Hon’ble Apex Court has further observed therein that while dealing

    with such complaints of cruelty it is important for the court to not search

    for a standard in life, since cruelty in one case may not be cruelty in

    another case. What must be considered include the kind of life the parties

    38
    2026:JHHC:6760-DB

    are used to, “their economic and social conditions”, and the “culture and

    human values to which they attach importance.”

    53. The nature of allegations need not only be illegal conduct such as asking

    for dowry. Making allegations against the spouse in the written statement

    filed before the court in judicial proceedings may also be held to

    constitute cruelty.

    54. In V. Bhagat vs. D. Bhagat (Mrs.), (1994)1 SCC 337, the wife alleged in

    her written statement that her husband was suffering from “mental

    problems and paranoid disorder”. The wife’s lawyer also levelled

    allegations of “lunacy” and “insanity” against the husband and his family

    while he was conducting a cross-examination. The Hon’ble Apex

    Court held these allegations against the husband to constitute “cruelty”.

    55. In Vijaykumar Ramchandra Bhate v. Neela Vijay Kumar Bhate, (2003)6

    SCC 334 the Hon’ble Apex Court has observed by taking into

    consideration the allegations levelled by the husband in his written

    statement that his wife was “unchaste” and had indecent familiarity with a

    person outside wedlock and that his wife was having an extramarital

    affair. These allegations, given the context of an educated Indian woman,

    were held to constitute “cruelty” itself.

    56. The Hon’ble Apex Court in Joydeep Majumdar v. Bharti Jaiswal

    Majumdar, (2021) 3 SCC 742, has been pleased to observe that while

    judging whether the conduct is cruel or not, what has to be seen is whether

    that conduct, which is sustained over a period of time, renders the life of

    the spouse so miserable as to make it unreasonable to make one live with

    the other. The conduct may take the form of abusive or humiliating

    39
    2026:JHHC:6760-DB

    treatment, causing mental pain and anguish, torturing the spouse, etc. The

    conduct complained of must be “grave” and “weighty” and trivial

    irritations and normal wear and tear of marriage would not constitute

    mental cruelty as a ground for divorce.

    57. Further in the case of Vishwanath Agrawal v. Sarla Vishwanath

    Agrawal, (2012) 7 SCC 288, the Hon’ble Apex Court has held as

    follows:–

    22. The expression “cruelty” has an inseparable nexus with human
    conduct or human behaviour. It is always dependent upon the social
    strata or the milieu to which the parties belong, their ways of life,
    relationship, temperaments and emotions that have been conditioned
    by their social status.

    25. After so stating, this Court observed in Shobha Rani case
    about the marked change in life in modern times and the sea change
    in matrimonial duties and responsibilities. It has been observed that :

    (SCC p. 108, para 5)
    “5. … when a spouse makes a complaint about the treatment of
    cruelty by the partner in life or relations, the court should not search
    for standard in life. A set of facts stigmatised as cruelty in one case
    may not be so in another case. The cruelty alleged may largely depend
    upon the type of life the parties are accustomed to or their economic
    and social conditions. It may also depend upon their culture and
    human values to which they attach importance.”

    26. Their Lordships in Shobha Rani case referred to the observations
    made in Sheldon v. Sheldon wherein Lord Denning stated, “the
    categories of cruelty are not closed”.
    Thereafter, the Bench proceeded
    to state thus: (Shobha Rani case, SCC p. 109, paras 5-6)
    “5. … Each case may be different. We deal with the conduct of human
    beings who are not generally similar. Among the human beings there
    is no limit to the kind of conduct which may constitute cruelty. New
    type of cruelty may crop up in any case depending upon the
    human behaviour, capacity or incapability to tolerate the conduct
    complained of. Such is the wonderful (sic) realm of cruelty.

    1. These preliminary observations are intended to emphasise that the
    court in matrimonial cases is not concerned with ideals in family life.

    40

    2026:JHHC:6760-DB

    The court has only to understand the spouses concerned as nature
    made them, and consider their particular grievance. As
    Lord Reid observed in Gollins v. Gollins : (All ER p. 972 G-
    H)
    ‘… In matrimonial affairs we are not dealing with objective
    standards, it is not a matrimonial offence to fall below the standard of
    the reasonable man (or the reasonable woman). We are dealing with
    this man or this woman.'”

    58. In the case of Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511 it has

    been held by the Hon’ble Apex Court as follows:–

    99. Human mind is extremely complex and human behaviour is
    equally complicated. Similarly human ingenuity has no bound,
    therefore, to assimilate the entire human behaviour in one definition is
    almost impossible. What is cruelty in one case may not amount to
    cruelty in other case. The concept of cruelty differs from person to
    person depending upon his upbringing, level of sensitivity,
    educational, family and cultural background, financial position, social
    status, customs, traditions, religious beliefs, human values and their
    value system.

    100. Apart from this, the concept of mental cruelty cannot remain
    static; it is bound to change with the passage of time, impact of
    modern culture through print and electronic media and value system,
    etc. What may be mental cruelty now may not remain a mental cruelty
    after a passage of time or vice versa. There can never be any
    straitjacket formula or fixed parameters for determining mental
    cruelty in matrimonial matters. The prudent and appropriate way to
    adjudicate the case would be to evaluate it on its peculiar facts and
    circumstances while taking aforementioned factors in consideration.

    59. Thus, from the aforesaid settled position of law it is evident that “Cruelty”

    under matrimonial law consists of conduct so grave and weighty as to lead

    one to the conclusion that one of the spouses cannot reasonably be

    expected to live with the other spouse. It must be more serious than the

    ordinary wear and tear of married life.

    60. Thus, Cruelty must be of such a type which will satisfy the conscience of

    41
    2026:JHHC:6760-DB

    the Court that the relationship between the parties has deteriorated to such

    an extent that it has become impossible for them to live together without

    mental agony. The cruelty practiced may be in many forms and it must be

    productive of an apprehension in the mind of the other spouse that it is

    dangerous to live with the erring party.

    61. In the instant case, it is evident that in the starting day of marriage there

    was happy conjugal life in between the parties but after some days

    bitterness started.

    62. It has been pleaded by the plaintiff/respondent/husband that the family

    members of the appellant/wife went to the house of the

    plaintiff/respondent/husband and they brought the appellant/wife to their

    home with her entire ornaments and after, the plaintiff/husband and his

    family members tried to take bedai of the defendant/wife but the

    defendant/wife (appellant herein) lodged a false case U/s 498A of the IPC

    against the entire family members of the plaintiff/husband, in which it was

    alleged by the appellant/wife that her husband is an impotent person and

    later on she turned back from that allegation and thus due to said act of the

    defendant/wife reputation of plaintiff/husband and his family was

    damaged in the eyes of the society.

    63. It is evident from impugned judgment that with respect to aforesaid

    argument of the plaintiff husband the learned Family Court has perused

    the Ext-2, which is certified copy of FIR of Sahibganj (1) P.S. Case No.

    103/2021 dated 13.09.2021 and having gone through that document,

    wherefrom learned Family Court found that the defendant Ritu Gupta

    (appellant herein) had lodged a case against the plaintiff/husband and his

    42
    2026:JHHC:6760-DB

    family members u/s 323, 420, 498A, 504, 506/34 of the I.P.C and section

    3/4 of D.P. Act.

    64. Since the main crux of the suit is based on the allegation made by the

    defendant (appellant herein) in her complaint petition, which is basis of

    FIR of Sahibganj (T) P.S.Case No. 103/2021, the learned Family Court

    has gone through paragraph nos. 1, 4, 5, 6 & 7 of recital of FIR, wherein

    it has been alleged by the defendant/wife(appellant herein) in her

    complaint petition that her husband is an impotent person and as per

    defendant/wife when her mother (D.W.2) asked one Uday Kumar as to

    why you made the life of her daughter hell by getting her daughter

    married to a sick and impotent boy then it was told by him that he wanted

    to trap their daughter by getting her married with Anupan

    Bipul(respondent herein), so he did it and thus it appears from the recital

    of FIR lodged by the defendant that no physical relationship was

    established in between her and respondent/husband after her marriage.

    65. It reveals from the contents of FIR which has also been quoted in the

    impugned judgment that the plaintiff/respondent/husband used to visit in

    the room of defendant/wife during her stay at her matrimonial home but

    he did not have any kind of contact with her nor did he keep marital

    relationship with her and when the defendant/wife(appellant herein) came

    to depose her evidence as D.W.3, she has again reiterated same fact in

    para 2 of her affidavited examination-in-chief by deposing that her

    husband broke all his relation with her and even after living with her he

    did not make marital relationship with her but the

    plaintiff/respondent/husband has totally denied the allegation made by his

    43
    2026:JHHC:6760-DB

    wife either in her FIR or in her testimony by pleading in his plaint that

    false allegation has been imposed by his wife against him about his

    impotency and on this score alone the plaintiff/husband has filed a suit for

    passing a decree of divorce against his wife/appellant.

    66. The respondent/husband has been examined as PW-4 and he has deposed

    in his examination-in-chief at para-4 that he is fit in all respects including

    in the matter of sex and after marriage he has established physical relation

    with his wife also while she was living with him and thereby the plaintiff

    has tried to establish the fact before the learned Family Court that he is

    able to establish marital relationship with his wife and he is not impotent

    and when the plaintiff/husband was put to cross examination by the

    defendant/wife, he has again reiterated the same fact in para-16 of his

    deposition that the defendant/wife lived in his house till 15 days after her

    marriage and during that period physical relation was established by him

    with her thrice.

    67. As discussed above, it is evident that the appellant wife has stated about

    the impotency of her husband/plaintiff in her FIR but the plaintiff deposed

    in his examination in chief that he is capable in sex and even he had

    established marital relationship with his wife during her stay at his home

    68. On scrutinizing the testimony of the defendant(appellant/wife), it is

    evident that during trial of the suit she has herself turned back from her

    earlier version, which has been written by her in her FIR, as it reflects

    from her cross examination, in which it has been stated by her that it is

    true to say she is still ready to go to her matrimonial home despite of

    demanding more dowry and subjecting her to mental and physical cruelty

    44
    2026:JHHC:6760-DB

    and it has further been deposed by her that it is not true to say that she has

    imposed false allegation of impotency of her husband under the influence

    of her parental family members and now she is ready to go to her

    matrimonial home as per their advice.

    69. But from the Ext-2 it is evident that appellant/wife started making

    allegations against her husband (respondent herein) that he is incompetent

    to discharge his matrimonial obligations, he is an unfit person to be a

    husband and the allegation of impotency was disclosed.

    70. It is considered view of this Court that the allegation of impotency against

    the husband would necessarily affect the reputation of the husband and the

    complaining of incapacity of the husband to bear children, without any

    proof creates an intense mental agony and anguish of the husband and

    such conduct amounts to mental cruelty.

    71. The Hon’ble Apex Court in the case of Vijaykumar Ramchandra Bhate v.

    Neela Vijaykumar Bhate, [AIR 2003 SC 2462], has observed that “a

    conscious and deliberate statement levelled with pungency and that too

    placed on record, through the written statement, cannot be so lightly

    ignored or brushed Side.”

    72. In the instant case wife (appellant herein) made serious allegation of

    impotency against her husband, which has not been corroborated from the

    medical opinion which has been placed before this Court in compliance of

    the order dated 05.12.2025. Moreover, launching criminal prosecution on

    false statement by either spouse, amounts to mental cruelty, therefore this

    Court is of the considered view that the learned Family Court has rightly

    derived his inferences that the conduct of defendant/appellant amount to

    45
    2026:JHHC:6760-DB

    cruelty against her respondent husband as she brought criminal

    prosecution against him on basis of loose statement.

    73. It is evident from the impugned judgment that the learned Family Court

    while appreciating the issue of cruelty has considered all the evidences

    available on record at length and thereafter has given its finding that the

    statement of the defendant/appellant against her husband that he is

    impotent comes under the purview of cruelty. For ready reference the

    relevant paragraph of the impugned judgment is being quoted as under:

    In the present case, the allegations made by the wife to the
    extent that the husband in not discharging his matrimonial vows
    and that creates a doubt in the mind of wife that he is impotent,
    which has affected the reputation of husband. The wife has
    failed to discharge the burden to prove that the husband is
    impotent as the husband is willing to undergo medical
    examination as stated in his affidavit. Having not proved the
    allegation, the unproved/unsubstantiated false allegations about
    impotency has led to mental disturbance of the husband
    causing disharmony between the husband and wife, which
    makes the husband unable to stay with the wife.

    Though Section 13 of the Act does not consider the impotency
    as the ground for divorce, the false allegation of impotency
    being made by the wife would definitely cause mental
    disharmony and this would amount to mental cruelty within the
    meaning of Section 13(1)(ia) of the Act, and enables the
    husband to seek divorce on the ground of cruelty. As no
    evidence having been specifically adduced by the wife to prove
    that the husband is actually impotent, the allegation would
    remain only an allegation and has the effect of lowering the
    dignity of the husband, which amounts to cruelty.—-

    22- Considering the facts and circumstances of this suit,
    discussed herein above and having paid proper attention
    towards the argument advanced by Ld counsels of both sides
    and the legal principle laid down by the Hon’ble Courts, I find
    and hold that the principles laid down in the above judgments
    are squarely applicable to the facts of this case. In the instant

    46
    2026:JHHC:6760-DB

    case also, the defendant has made allegation assassinating the
    character of her husband by stating that he had an illegal
    intimacy with the model girls, which she has failed to establish.
    Therefore, it is opinion of this court that the defendant has
    caused mental cruelty to her husband by way of making such
    false allegations in her testimony. It is further held that the
    defendant -wife made serious allegation of impotency against
    the plaintiff- husband that would certainly cause mental pain to
    him if the allegation is not true and in the instant suit the
    defendant has not been able to prove the fact that her husband
    is impotent. It is view of this court that impotency is a physical or
    mental condition of any person, which can only be proved by
    medical expert but during the whole trial the defendant did not
    make any effort to have her husband’s impotency examined by
    a medical expert and thus it is held that false allegation has
    been imposed by the defendant against her husband that he is
    incapable to perform sexual intercourse or impotent, which is a
    valid a ground to grant decree of divorce under Section
    13(1)(ia)
    of the Hindu 1955.—

    74. Thus, on the basis of the discussion made hereinabove, this Court is of the

    view that the appellant has failed to establish the element of perversity in

    the impugned judgment, as such, the instant appeal deserves to be

    dismissed.

    75. Accordingly, the instant appeal fails and is, dismissed.

    76. Pending interlocutory application(s), if any, also stands disposed of.

    (Sujit Narayan Prasad, J.)

    I Agree.

    (Arun Kumar Rai, J.)
    (Arun Kumar Rai, J.)
    12/03/2026

    /
    Rohit A.F.R.

    Uploaded on 13.03.2026

    47



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