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
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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
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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.
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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.
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
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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matrimonial home, which was subsequently withdrawn on the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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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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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
Patna High Court MA No.80 of 2025(11) dt.10-07-2026
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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
