Sunita Panday vs Binod Kumar Panday on 10 July, 2026

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    Patna High Court

    Sunita Panday vs Binod Kumar Panday on 10 July, 2026

    Author: Chandra Shekhar Jha

    Bench: Chandra Shekhar Jha

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Miscellaneous Appeal No.367 of 2021
    ======================================================
    Sunita Panday, Wife of Binod Kumar Panday, Daughter of Chandradeep
    Choubey Resident of Village- Sidhabandh, Post Office- Sarenja, Police
    Station- Itarhi, District- Buxar at presently Resident of Mohalla- Gajrarh
    Gaurakshani Ward No-4, Gali No-10, P.O.- Sasaram, Police Station- Sasaram
    Modal, District- Rohtas at Sasaram.
    
    
                                                                 ... ... Appellant/s
                                          Versus
    Binod Kumar Panday, Son of Parshuram Panday Resident of Village-
    Sidhabandh, Post Office- Sarenja, Police Station- Itarhi, District- Buxar
    (Bihar) at presently posted as Assistant Teacher in Primary School, Akhri
    Shahpur, P.O.- Lotadh, Block- Meja, District- Prayagraj (U.P.).
    
    
                                                               ... ... Respondent/s
    ======================================================
    Appearance :
    For the Appellant/s       :      Mr. Raghunandan Kumar Singh, Advocate
    For the Respondent/s      :      Ms. Mayuri, Advocate
    ======================================================
    CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
               and
               HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
    CAV JUDGMENT
    

    (Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)

    Date: 10-07-2026

    SPONSORED

    1. This appeal under Section 19 of the Family

    Courts Act, 1984, read with Section 28 of the Hindu Marriage

    Act, 1955, has been preferred by the wife, questioning the

    legality and correctness of the judgment, dated 19.03.2021
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    and the consequential decree, dated 01.04.2021, whereby the

    learned Principal Judge, Family Court, Rohtas at Sasaram

    allowed the petition instituted by the respondent-husband

    under Section 13(1)(ia) and Section 13(1)(ib) of the Hindu

    Marriage Act and dissolved the marriage between the parties

    on the grounds of cruelty and desertion.

    2. The appeal does not merely question the

    conclusions recorded by the Family Court. During its

    pendency, subsequent events have also been brought on record

    by way of supplementary affidavit, counter affidavit and

    rejoinder. Those subsequent developments include the

    criminal prosecution instituted at the instance of the appellant,

    the acquittal recorded by the criminal court, the subsequent

    conduct of the parties and allegations regarding remarriage by

    the respondent during pendency of the appeal. Those

    developments, to the extent legally permissible, require

    consideration while deciding the present appeal.

    3. The marriage between the parties was solemnized

    on 12.06.2010 according to Hindu rites and customs. No child

    was born from the wedlock despite prolonged medical

    treatment undertaken by the parties. The record indicates that

    both sides attribute the matrimonial discord to entirely
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    different causes. While the husband asserts that the wife

    subjected him to sustained mental cruelty, abused him,

    involved him in false criminal litigation and ultimately

    deserted him, the wife alleges persistent dowry demand,

    physical assault, coercion for consent to a second marriage

    and continuous harassment on account of her inability to

    conceive. The pleadings also disclose that the parties

    underwent fertility treatment over a considerable period and

    that the issue of childlessness became one of the principal

    causes of matrimonial discord.

    4. The respondent instituted Matrimonial Case No.

    351 of 2019 before the Family Court seeking dissolution of

    marriage principally on the grounds of cruelty and desertion.

    The wife entered appearance and contested the proceeding by

    filing a detailed written statement denying every allegation of

    cruelty levelled against her. According to her, it was the

    husband and his family members who continuously subjected

    her to mental and physical cruelty for additional dowry,

    compelled her to procure immovable property from her

    parental family, demanded a four-wheeler, humiliated her

    because she could not conceive and ultimately attempted to

    eliminate her when she refused to facilitate the respondent’s
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    proposed second marriage. Those allegations subsequently

    formed the foundation of Mahila P. S. Case No. 20 of 2018.

    5. The husband, on the other hand, pleaded that after

    the marriage the wife continuously quarrelled with him,

    insulted him and his family members, created disturbances in

    the matrimonial home, refused to discharge ordinary

    matrimonial obligations, left the matrimonial home without

    sufficient cause and thereafter initiated false criminal

    proceedings with the sole object of exerting pressure upon

    him and his family members. According to him, the conduct

    of the wife destroyed every possibility of continuation of

    matrimonial life and constituted mental cruelty within the

    meaning of Section 13(1)(ia) of the Hindu Marriage Act.

    6. The Family Court framed the issues arising from

    the pleadings and permitted both parties to adduce oral as well

    as documentary evidence. The husband examined himself and

    produced supporting witnesses. The wife likewise entered the

    witness box and examined several witnesses in support of her

    defence. A considerable volume of documentary evidence,

    including medical records, complaints, certified copies of

    proceedings, identity documents and contemporaneous

    records, was also brought on record. The Family Court, upon
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    appreciation of the entire evidence, concluded that the

    husband had established cruelty as well as desertion and

    accordingly granted a decree of divorce.

    7. Aggrieved thereby, the wife has preferred the

    present appeal.

    8. During pendency of the appeal, both the parties

    have placed subsequent developments on record. The

    appellant has asserted that the criminal prosecution instituted

    by her lends assurance to her version of matrimonial cruelty

    and that the Family Court failed to appreciate the evidence in

    its proper perspective. The respondent, on the contrary, has

    relied upon the subsequent acquittal recorded by a Division

    Bench of this Court in the criminal appeal arising out of

    Mahila P. S. Case No.20 of 2018 to contend that the

    allegations of dowry demand, attempt to murder and cruelty

    have not been substantiated. The respondent further relies

    upon subsequent events for sustaining the decree passed by

    the Family Court.

    9. Being the first appellate Court, this Court is

    required to independently re-appreciate the entire evidence on

    record. Although due weight must be accorded to the findings

    recorded by the Family Court, this Court is under an
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    obligation to examine whether those findings are borne out by

    the pleadings, oral evidence, documentary evidence and the

    governing principles of law. The appeal, therefore, cannot be

    decided merely by examining whether another view is

    possible. The entire evidence must be reconsidered

    independently before affirming or reversing the decree.

    10. From the pleadings, evidence and the

    submissions advanced on behalf of the parties, the following

    questions arise for determination:

    (i) Whether the respondent established that the

    appellant treated him with cruelty within the meaning of

    Section 13(1)(ia) of the Hindu Marriage Act?

    (ii) Whether the respondent established desertion as

    contemplated under Section 13(1)(ib) of the Act?

    (iii) Whether the criminal proceedings initiated by

    the appellant, their culmination and the subsequent acquittal

    have any bearing upon the issue of matrimonial cruelty?

    (iv) Whether the subsequent events brought on

    record, including the alleged remarriage of the respondent

    during pendency of the appeal, materially affect the decree

    passed by the Family Court and the relief to which either party
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    is entitled?

    (v) Whether the judgment and decree under appeal

    call for interference?

    11. Before these questions are examined, it becomes

    necessary to consider in detail the oral evidence adduced by

    both parties, for the findings on cruelty and desertion

    necessarily rest upon the credibility of the witnesses and the

    evidentiary worth of the documents proved during trial.

    12. The respondent-husband entered the witness box

    as PW-1. Since the decree under appeal substantially rests

    upon his testimony, it is necessary to examine his evidence

    with reference not only to his examination-in-chief but also in

    the light of the answers elicited during cross-examination and

    its consistency with the surrounding circumstances and

    documentary evidence.

    13. PW-1 reiterated the material averments

    contained in the matrimonial petition. He deposed that after

    the marriage the appellant did not maintain cordial relations

    either with him or with the members of his family. According

    to him, she frequently quarrelled without sufficient cause,

    insulted him and his relatives and refused to discharge the

    ordinary obligations expected in matrimonial life. He further
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    stated that despite sincere efforts made by him to preserve the

    marriage, the conduct of the appellant became progressively

    hostile.

    14. A substantial part of his evidence relates to the

    prolonged medical treatment undertaken by the parties for

    conception. PW-1 stated that after the parties failed to

    conceive naturally, both of them consulted several doctors and

    thereafter underwent fertility treatment including IVF

    procedures. According to him, he cooperated throughout the

    treatment, incurred substantial expenditure and personally

    remained present whenever required. His grievance was not

    that the appellant was unable to conceive, but that after

    repeated unsuccessful attempts she began attributing the

    failure exclusively to him and subjected him to humiliation

    before relatives and acquaintances.

    15. PW-1 further deposed that the appellant

    repeatedly accused him of being incapable of fathering a child

    and used expressions which, according to him, attacked his

    dignity and self-respect. He asserted that such accusations

    were made not only within the privacy of the matrimonial

    home but also in the presence of members of both families.

    According to him, these allegations continued despite the
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    medical investigations undertaken by both spouses.

    16. The witness further stated that the appellant

    gradually withdrew from the matrimonial home and ultimately

    left it without any justifiable reason. He asserted that sincere

    efforts were made by him as well as by respectable members

    of both families to persuade her to resume cohabitation, but

    such efforts did not succeed.

    17. Another important part of PW-1’s testimony

    concerns the criminal proceedings instituted by the appellant.

    According to him, the allegations of dowry demand, physical

    assault and attempt to murder were wholly false and were

    initiated only after serious matrimonial differences had

    already arisen. He maintained that the criminal prosecution

    caused immense mental agony not only to him but also to his

    aged parents and other family members and irreparably

    damaged his social standing.

    18. During cross-examination, the appellant

    attempted to establish that the husband himself was

    responsible for the breakdown of the marriage. Suggestions

    were put that demands for immovable property and a four-

    wheeler had been raised and that the appellant had been

    subjected to harassment because she could not conceive. PW-
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    1 denied those suggestions. He also denied that he had ever

    assaulted the appellant or compelled her to consent to a

    second marriage.

    19. Significantly, the cross-examination did not

    materially discredit the witness on the broad sequence of

    matrimonial events narrated by him. Certain discrepancies

    relating to dates and individual incidents were brought on

    record; however, those relate to peripheral matters and not to

    the essential narrative regarding prolonged matrimonial

    discord.

    20. The appellant also confronted PW-1 with the

    criminal case instituted against him. PW-1 consistently

    maintained that the allegations contained therein were

    fabricated. Whether that assertion is borne out by the

    subsequent criminal proceedings shall be considered

    separately while examining the effect of the subsequent

    acquittal.

    21. The Court is conscious that the testimony of a

    spouse in matrimonial litigation cannot be discarded merely

    because he or she is an interested witness. Matrimonial

    disputes ordinarily occur within the privacy of the household

    and, therefore, independent witnesses are seldom available. At
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    the same time, the Court is required to scrutinize such

    evidence with greater care and test it against contemporaneous

    conduct, documentary evidence and probabilities emerging

    from the entire record.

    22. The evidence of PW-1 on the aspect of infertility

    treatment finds support from the medical records produced

    during trial. It is not disputed that the parties underwent

    prolonged treatment and IVF procedures over a considerable

    period. Those documents indicate that both spouses

    participated in the treatment process. The existence of such

    treatment is therefore established independently of the oral

    testimony of either side.

    23. Equally, the existence of serious matrimonial

    discord culminating in multiple civil and criminal proceedings

    is not in dispute. The controversy is not whether disputes

    existed, but whether the conduct complained of amounts to

    matrimonial cruelty attributable to the appellant.

    24. PW-2 is the father of the respondent-husband.

    25. His evidence is largely corroborative in nature.

    He deposed regarding the conduct of the appellant towards the

    respondent and the members of the matrimonial family.

    According to him, the appellant frequently quarrelled with
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    family members and did not maintain cordial relations within

    the household. He also deposed regarding the repeated efforts

    made by elders of both families to restore matrimonial

    harmony.

    26. PW-2 further stated that after difficulties arose

    in conception, both spouses underwent medical treatment and

    that the respondent continued to support the appellant

    throughout the treatment. According to this witness, despite

    such efforts, relations deteriorated because of the appellant’s

    conduct and repeated accusations levelled against the

    respondent.

    27. During cross-examination, it was suggested that

    the respondent’s family had demanded additional dowry, land

    and a vehicle and had subjected the appellant to cruelty. The

    witness denied each of those suggestions. The defence also

    attempted to demonstrate that, being the respondent’s father,

    PW-2 was an interested witness.

    28. The objection regarding interestedness cannot

    by itself render his testimony unacceptable. Nevertheless, his

    evidence requires careful scrutiny because much of it relates

    to incidents which occurred within the family and is naturally

    influenced by his relationship with the respondent.
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    29. On careful examination, it appears that PW-2’s

    evidence substantially corroborates PW-1 only regarding the

    existence of strained matrimonial relations and the attempts

    made by family members for reconciliation. Wherever he

    speaks about specific incidents which occurred in the

    exclusive presence of the spouses, his testimony necessarily

    assumes a hearsay character unless independently

    corroborated.

    30. Consequently, the evidentiary value of PW-2 is

    limited. His testimony lends support to the surrounding

    circumstances and the conduct of the parties but cannot, by

    itself, establish every individual allegation constituting

    cruelty.

    31. The Family Court appears to have relied upon

    PW-2 not as an eyewitness to every matrimonial incident but

    as a witness explaining the circumstances surrounding the

    deterioration of the marital relationship. To that extent, such

    appreciation cannot be said to be legally erroneous.

    32. At this stage, the Court refrains from recording

    any final conclusion on the issue of cruelty because the

    evidence of the appellant and her witnesses has yet to be

    examined. A comparative assessment of the evidence on both
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    sides is indispensable before any definitive finding is

    recorded.

    33. The respondent further examined witnesses to

    corroborate the circumstances spoken to by him. Their

    evidence requires independent scrutiny because the decree

    cannot rest merely upon the interested testimony of one

    spouse.

    34. One of the supporting witnesses deposed

    principally with regard to the relationship between the parties

    after marriage, the repeated interventions by elders and the

    conduct displayed by the appellant during such meetings. The

    witness stated that attempts were made to persuade the

    appellant to resume cohabitation but she remained unwilling.

    During cross-examination, however, it became apparent that

    the witness had not personally witnessed every incident

    narrated by him and a substantial part of his knowledge was

    derived from what had been disclosed by the respondent and

    other family members. Consequently, while his testimony

    lends assurance to the existence of matrimonial discord, it

    cannot be treated as substantive proof of every allegation of

    cruelty.

    35. The remaining witnesses examined on behalf of
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    the respondent also broadly supported his version that the

    relationship between the parties had deteriorated beyond

    repair and that reconciliation efforts had failed. None of them,

    however, claimed to have witnessed every incident alleged in

    the matrimonial petition. Their evidence is therefore

    corroborative in character and must be appreciated

    accordingly.

    36. The Court now turns to the evidence led by the

    appellant-wife.

    37. The appellant entered the witness box as DW-1.

    Her testimony assumes equal importance because she alone is

    in a position to answer the allegations of cruelty levelled by

    the respondent and to establish the defence pleaded by her.

    38. In her examination-in-chief, the appellant denied

    every allegation that she had treated the respondent with

    cruelty. She asserted that she entered the matrimonial home

    with the intention of leading a peaceful married life and that

    the matrimonial relationship remained cordial initially.

    39. According to her, the real cause of matrimonial

    discord was the unlawful demand made by the respondent and

    his family members. She deposed that after some months of

    marriage, pressure was exerted upon her to persuade her
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    father to purchase land in the State of Uttar Pradesh in the

    joint names of the spouses. She stated that her father

    ultimately purchased immovable property in their joint names

    in order to restore peace in the matrimonial home. Even

    thereafter, according to her, the respondent and his family

    members demanded a four-wheeler and continued to harass

    her whenever such demand was not fulfilled. The broad

    outline of these allegations is consistent with the stand

    subsequently taken by her in the criminal proceedings

    instituted in 2018.

    40. DW-1 further deposed that because no child was

    born from the marriage, she was subjected to repeated

    humiliation. She accepted that the parties underwent

    prolonged medical treatment and IVF procedures. According

    to her, instead of extending emotional support, the respondent

    and his family members blamed her inability to conceive and

    her life in the matrimonial home became increasingly

    unbearable. Her deposition also refers to repeated medical

    consultations and the treatment undertaken for infertility, facts

    which stand independently supported by the medical records

    brought on record.

    41. A substantial portion of her testimony relates to
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    the incident of March 2018. She deposed that while she was

    with the respondent, she was pressurized either to consent to

    his second marriage or to fulfill the alleged demand for a

    vehicle. Upon her refusal, she alleged that physical force was

    used against her. This incident ultimately became the

    foundation of Mahila P.S. Case No. 20 of 2018.

    42. She also denied the allegation that she had

    deserted the respondent without sufficient cause. According to

    her, she was compelled to leave the matrimonial home

    because her safety and dignity were under constant threat. She

    asserted that separation was the consequence of the

    respondent’s conduct and not a voluntary abandonment of

    matrimonial obligations on her part.

    43. During cross-examination, several admissions of

    significance emerged.

    44. She admitted that both parties underwent

    infertility treatment over several years. She also admitted that

    the respondent incurred expenditure for such treatment and

    accompanied her during the medical consultations. These

    admissions are relevant because they indicate that,

    notwithstanding the matrimonial disputes, the respondent

    actively participated in the medical treatment with the object
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    of preserving the marriage and enabling the parties to have a

    child.

    45. The appellant was also questioned regarding the

    purchase of land. She maintained that the purchase was not

    voluntary but was made because of persistent demands from

    the matrimonial family. However, apart from her own

    testimony and that of her close relatives, no independent

    documentary material contemporaneous with the transaction

    was produced to establish that the purchase itself was the

    result of unlawful coercion. The registered sale deed merely

    evidences the transaction and not the motive behind it. The

    defence has consistently maintained that the property was

    purchased voluntarily in the joint names of the spouses.

    Whether the surrounding evidence tilts in favour of one

    version or the other will require examination while

    appreciating the documentary evidence.

    46. Cross-examination also focused upon the

    criminal prosecution. Suggestions were put that the

    allegations were false and were instituted only after

    matrimonial proceedings had commenced. The appellant

    denied those suggestions. However, it is relevant that the

    criminal prosecution has since culminated in acquittal. The
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    legal effect of that acquittal on the present matrimonial

    dispute requires separate consideration. It would not be

    correct either to treat the acquittal as automatically

    establishing matrimonial cruelty or, conversely, to ignore it

    altogether. Its evidentiary significance has to be evaluated in

    accordance with settled principles.

    47. The Court finds that DW-1 is a witness whose

    testimony cannot be discarded merely because she is the

    contesting spouse. At the same time, her evidence is required

    to be tested against contemporaneous documents, surrounding

    circumstances, the conduct of the parties and the probabilities

    emerging from the record as a whole.

    48. One feature of her evidence deserves notice at

    this stage. While she attributes the entire breakdown of the

    marriage to dowry demands and physical cruelty, she

    simultaneously acknowledges prolonged medical treatment

    jointly undertaken by the parties and the respondent’s

    participation in such treatment. This circumstance is not, by

    itself, inconsistent with her allegations, but it becomes

    relevant while examining whether the matrimonial

    relationship had irretrievably deteriorated because of

    deliberate cruelty or whether infertility-related stress
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    substantially contributed to the collapse of the marriage.

    49. The Court is also conscious that matrimonial

    cruelty cannot be determined by isolating individual incidents.

    The cumulative effect of the conduct of the spouses, viewed in

    the backdrop of their matrimonial life, is the true test.

    Therefore, the testimony of DW-1 cannot yet be accepted or

    rejected in isolation.

    50. The appellant next examined witnesses from her

    parental side to corroborate her allegations regarding dowry

    demand, purchase of land, subsequent demand for a four-

    wheeler and the events leading to her separation from the

    respondent. Their evidence must likewise be examined

    independently before any finding is recorded.

    51. The appellant examined members of her

    parental family in support of her defence. Since the

    allegations of dowry demand, coercion for purchase of land,

    subsequent demand for a four-wheeler and physical cruelty

    principally emanate from the matrimonial relationship, these

    witnesses are closely related to the appellant. Their evidence,

    therefore, requires careful scrutiny with due regard to the

    settled principle that relationship by itself does not render a

    witness unreliable, though the Court must examine whether
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    the testimony receives assurance from independent

    circumstances.

    52. DW-2 deposed that soon after the marriage the

    appellant disclosed to the parental family that pressure was

    being exerted upon her to persuade her father to purchase land

    in Uttar Pradesh. According to this witness, elders of the

    family initially attempted to resolve the dispute amicably and,

    in order to maintain cordial matrimonial relations, the

    appellant’s father ultimately purchased land in the joint names

    of the spouses. The witness further stated that despite such

    purchase, the respondent and his family members remained

    dissatisfied and subsequently insisted upon a four-wheeler.

    53. During cross-examination, it emerged that DW-

    2 was not personally present at the matrimonial home when

    the alleged demands were made. His knowledge regarding the

    conduct of the respondent was substantially derived from

    what had been narrated by the appellant. Consequently,

    although his evidence supports the appellant’s version

    regarding disclosure of matrimonial discord to her parental

    family, it cannot be treated as direct evidence of the alleged

    acts of cruelty.

    54. DW-3 also supported the appellant regarding the
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    purchase of land and the alleged demand for a vehicle. The

    witness stated that repeated attempts were made by the

    parental family to preserve the marriage and avoid litigation.

    However, cross-examination disclosed that this witness

    likewise had no direct knowledge of most incidents occurring

    within the matrimonial home. The testimony, therefore,

    assumes corroborative rather than substantive character.

    55. The remaining defence witnesses substantially

    reiterated the stand taken by the appellant. They referred to

    meetings between the families, the deteriorating matrimonial

    relationship and the appellant’s allegations regarding

    harassment. None of them, however, claimed to have

    personally witnessed the principal incidents relied upon by the

    appellant for establishing cruelty. Their evidence must

    therefore be evaluated as lending assurance, if at all, to the

    appellant’s version rather than independently proving the facts

    asserted.

    56. Upon an overall appreciation of the oral

    evidence led by the appellant, one feature becomes evident.

    The defence witnesses consistently support the appellant on

    the broad allegation that matrimonial relations had become

    strained because of demands allegedly made by the
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    respondent and his family members. At the same time, their

    evidence does not furnish independent eyewitness account of

    the specific acts constituting cruelty. The evidentiary value of

    their testimony is therefore limited to corroboration of the

    appellant’s narrative.

    57. The Court shall now examine the documentary

    evidence, for in matrimonial disputes contemporaneous

    documents often furnish more reliable guidance than oral

    assertions made several years after the events.

    58. The parties have produced extensive medical

    records relating to infertility treatment. These records

    establish beyond dispute that both spouses underwent

    prolonged medical consultation and treatment with the object

    of conceiving a child. The documents also indicate that

    assisted reproductive procedures, including IVF, were

    undertaken. Thus, the fact that the parties made sustained

    efforts to have a child is established independently of the oral

    testimony of either side. The medical records neither attribute

    blame to either spouse nor establish matrimonial cruelty. Their

    significance lies in demonstrating that childlessness became a

    continuing source of emotional strain in the marriage.

    59. The appellant has relied upon the registered sale
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    deed executed in respect of the property purchased in the joint

    names of the spouses. The execution of the sale deed is not in

    dispute. The controversy concerns the reason behind such

    purchase. The document itself merely records the transfer of

    property. It does not disclose whether the transaction was

    voluntary or was brought about because of unlawful demand.

    Consequently, while the sale deed proves the fact of purchase,

    it does not by itself establish the allegation of dowry demand.

    60. Equally significant are the complaints and

    criminal proceedings instituted by the appellant.

    61. The record shows that the criminal case

    culminated in acquittal after a full-fledged trial. The Division

    Bench, while affirming the acquittal, independently analyzed

    the evidence relating to the alleged demand of land, demand

    for a four-wheeler, attempted strangulation and other

    allegations. The Court noticed material inconsistencies in the

    prosecution evidence, found that several allegations were not

    satisfactorily corroborated and ultimately concluded that the

    prosecution had failed to establish the charges beyond

    reasonable doubt.

    62. The legal effect of that acquittal requires careful

    examination.

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    63. It is well settled that the standard of proof in a

    criminal prosecution is proof beyond reasonable doubt,

    whereas matrimonial proceedings are decided on the

    touchstone of preponderance of probabilities. Consequently,

    an acquittal does not automatically establish that every

    allegation made by the complainant was false. Equally,

    however, where serious allegations of dowry demand, attempt

    to murder or physical assault are found unsupported after a

    full criminal trial, such adjudication becomes a relevant

    circumstance while appreciating the conduct of the parties in

    matrimonial proceedings.

    64. The Court must therefore avoid both extremes.

    It would be erroneous to hold that the acquittal by itself

    proves matrimonial cruelty on the part of the appellant. It

    would be equally erroneous to ignore a reasoned acquittal

    altogether. The acquittal is one circumstance among several

    which has to be considered together with the pleadings, oral

    evidence, documentary evidence and the overall probabilities

    emerging from the record.

    65. The Family Court appears to have attached

    considerable importance to the institution of criminal

    proceedings while examining the respondent’s allegation of
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    mental cruelty. Whether such reliance was justified depends

    upon the nature of the allegations, the evidence adduced in

    support thereof and the eventual outcome of the criminal case.

    That aspect will be examined while discussing the issue of

    cruelty under Section 13(1)(ia) of the Hindu Marriage Act.

    66. Before recording findings, it is also necessary to

    consider the governing legal principles relating to matrimonial

    cruelty, desertion, the effect of criminal proceedings between

    spouses, subsequent acquittal and the subsequent events

    brought on record during pendency of the appeal. Those

    principles must guide the appreciation of evidence already

    discussed.

    67. The principal question which falls for

    consideration is whether the respondent succeeded in proving

    that the conduct of the appellant amounted to cruelty within

    the meaning of Section 13(1)(ia) of the Hindu Marriage Act.

    The Family Court has answered the issue in the affirmative.

    Being the first appellate court, it becomes necessary to

    examine the statutory provision, the governing principles laid

    down by the Supreme Court and thereafter test the evidence

    already discussed against those principles.

    68. Section 13(1)(ia) of the Hindu Marriage Act
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    enables either spouse to seek dissolution of marriage where,

    after the solemnization of the marriage, the other spouse has

    treated him or her with cruelty. The statute does not define the

    expression “cruelty”. Consequently, the content of the

    expression has evolved through judicial pronouncements.

    69. The Hon’ble Supreme Court, in Samar Ghosh v.

    Jaya Ghosh, reported in (2007) 4 SCC 511, explained that no

    exhaustive definition of mental cruelty is possible. Whether a

    particular conduct amounts to cruelty depends upon the social

    background of the parties, their educational status, their way

    of life, their sensitivities and the cumulative impact of the

    conduct complained of. The Court cautioned that ordinary

    wear and tear of married life, occasional quarrels or isolated

    trivial incidents do not constitute cruelty. The inquiry is

    whether the conduct has become so grave that the wronged

    spouse cannot reasonably be expected to continue the

    matrimonial relationship.

    70. Again, in Mangayakarasi v. M. Yuvaraj,

    reported in (2020) 3 SCC 786, the Hon’ble Supreme Court

    observed that the institution of criminal proceedings by one

    spouse against the other does not, by itself, constitute cruelty.

    The decisive question is whether the allegations were false,
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    reckless or devoid of factual foundation. If serious accusations

    are levelled without substantiation and are pursued in a

    manner causing grave prejudice to the other spouse, such

    conduct may, depending upon the facts of the case, amount to

    mental cruelty.

    71. Similarly, in Ravinder Kaur v. Manjeet Singh,

    reported in (2019) 8 SCC 308, the Hon’ble Supreme Court

    reiterated that every matrimonial dispute culminating in

    criminal proceedings does not automatically entitle the other

    spouse to a decree of divorce. The Court is required to

    examine the surrounding circumstances, the bona fides of the

    allegations and the overall conduct of the parties.

    72. The legal position which emerges from these

    authorities may be summarised thus:

    (i) cruelty is essentially a question of fact;

    (ii) the cumulative effect of the entire matrimonial

    conduct is determinative;

    (iii) isolated incidents must ordinarily be viewed in

    the context of the matrimonial relationship as a whole;

    (iv) false criminal proceedings may constitute

    mental cruelty where the allegations are demonstrably false
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    and have caused serious prejudice; and

    (v) ordinary matrimonial discord, emotional

    incompatibility or differences arising from circumstances such

    as infertility do not, by themselves, constitute cruelty.

    73. Applying these principles to the evidence

    already discussed, one feature immediately assumes

    significance.

    74. It is an admitted position that the parties

    underwent infertility treatment for several years. They jointly

    consulted specialists, underwent repeated medical procedures

    and attempted assisted reproductive treatment. The medical

    records clearly establish that the parties continued to make

    efforts to preserve the marriage notwithstanding the emotional

    stress caused by childlessness. Those documents, therefore, do

    not support either spouse’s allegation of cruelty. Rather, they

    demonstrate that infertility became a major source of strain

    affecting the matrimonial relationship.

    75. The respondent alleges that the appellant

    repeatedly humiliated him because of his inability to father a

    child and levelled allegations affecting his masculinity. The

    appellant, on the other hand, asserts that she herself became
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    the victim of humiliation because she could not conceive.

    76. The evidence does not establish that either

    version is wholly fabricated.

    77. It would be unrealistic to ignore the emotional

    consequences which prolonged infertility often produces

    within a marriage. Repeated unsuccessful medical procedures,

    social pressure from relatives, expectations regarding

    childbirth and disappointment experienced by both spouses

    frequently generate suspicion, frustration and emotional

    instability. The Court cannot examine isolated words allegedly

    spoken during such circumstances without appreciating the

    background in which they occurred.

    78. Equally, however, repeated humiliation affecting

    the dignity of one’s spouse cannot be dismissed merely as

    emotional outburst if the evidence demonstrates a consistent

    course of conduct.

    79. The respondent has asserted that the appellant

    publicly humiliated him. The appellant has denied the

    allegation. The supporting witnesses on both sides are

    substantially family members. No independent witness has

    spoken to those specific incidents. Consequently, the Court is

    required to evaluate the probabilities emerging from the
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    surrounding circumstances rather than search for

    mathematical certainty.

    80. The next circumstance relied upon by the

    respondent is the institution of criminal proceedings.

    81. The appellant unquestionably lodged criminal

    proceedings alleging offences under Sections 307, 498A and

    120B of the Indian Penal Code. The criminal prosecution

    continued until the respondents were ultimately acquitted after

    trial. The Division Bench, while affirming the acquittal, found

    that the prosecution evidence suffered from material

    inconsistencies, that important allegations were not

    satisfactorily established and that the prosecution had failed to

    prove the charges beyond reasonable doubt.

    82. The question, however, is whether that acquittal

    by itself establishes matrimonial cruelty.

    83. The answer, in the opinion of this Court, must

    be in the negative.

    84. The standards governing criminal prosecution

    and matrimonial litigation are fundamentally different. An

    acquittal only means that the prosecution failed to establish

    guilt beyond reasonable doubt. It does not automatically
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    follow that every allegation made by the complainant was

    deliberately false.

    85. At the same time, the nature of the allegations

    made in the criminal case cannot be ignored. Allegations of

    attempt to murder, dowry harassment and criminal conspiracy

    are extremely serious. If such allegations are ultimately found

    to be unsupported after a full-fledged trial and the surrounding

    circumstances indicate that the criminal proceedings were

    initiated in the backdrop of an already deteriorating

    matrimonial relationship, the institution and continuation of

    such proceedings become a relevant circumstance while

    examining mental cruelty.

    86. The respondent has also relied upon the fact that

    the matrimonial case preceded the criminal prosecution. The

    chronology assumes relevance because the criminal

    proceedings were initiated after the matrimonial discord had

    already reached the stage of litigation. Though chronology

    alone cannot determine the issue, it is one factor which cannot

    be overlooked while appreciating the overall conduct of the

    parties.

    87. The Court also notices another significant

    circumstance.

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    88. The parties have remained separated for a

    considerable length of time. Repeated attempts at

    reconciliation have admittedly failed. Civil proceedings,

    criminal litigation and appellate proceedings have continued

    simultaneously for years. The relationship has ceased to

    exhibit any normal incidents of marital companionship.

    However, long separation by itself is not a statutory ground

    for divorce under Section 13 of the Hindu Marriage Act. It

    may reinforce the conclusion already emerging from proved

    cruelty or desertion, but it cannot independently substitute the

    statutory requirements.

    89. The Court must therefore now examine whether

    the ingredients of desertion under Section 13(1)(ib) stand

    established and whether the evidence satisfies both the factual

    and legal components of that ground.

    90. The second ground upon which the decree of

    divorce has been granted is desertion under Section 13(1)(ib)

    of the Hindu Marriage Act.

    91. Section 13(1)(ib) provides that a marriage may

    be dissolved if one spouse has deserted the other for a

    continuous period of not less than two years immediately

    preceding the presentation of the petition.
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    92. The expression “desertion” has acquired a

    settled legal meaning. In Bipinchandra Jaisinghbhai Shah v.

    Prabhavati, reported in AIR 1957 SC 176, the Hon’ble

    Supreme Court explained that desertion is not merely physical

    separation. It comprises two essential elements: (i) the factum

    of separation; and (ii) the intention on the part of the deserting

    spouse to permanently abandon cohabitation (animus

    deserendi). Correspondingly, the deserted spouse must not

    have consented to such separation nor have given reasonable

    cause for the other spouse to leave the matrimonial home.

    93. The principle has consistently been reiterated in

    later decisions, including Lachman Utamchand Kirpalani v.

    Meena, reported in AIR 1964 SC 40, where the Hon’ble

    Supreme Court emphasised that if one spouse leaves the

    matrimonial home for a justifiable reason attributable to the

    conduct of the other spouse, the statutory ingredient of

    desertion is not established.

    94. Therefore, before affirming the decree on this

    ground, the Court must determine not only whether the parties

    lived separately, but also whether the separation was without

    reasonable cause and accompanied by the requisite intention

    to terminate matrimonial cohabitation.

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    95. The factum of separation is not in dispute.

    96. The evidence of both parties unmistakably

    establishes that they have been living separately for several

    years. The subsequent litigation instituted by both spouses

    further demonstrates that normal matrimonial life has ceased.

    97. The controversy centres on the second

    requirement, namely, whether the appellant voluntarily

    abandoned the matrimonial relationship without sufficient

    cause.

    98. The respondent asserts that despite repeated

    requests and intervention of respectable persons, the appellant

    refused to return.

    99. The appellant maintains that she left the

    matrimonial home because of dowry-related harassment,

    physical cruelty and apprehension regarding her safety.

    100. The evidence, however, does not permit a

    simple acceptance of either version.

    101. While the appellant has alleged repeated dowry

    demands, the evidence led in support of those allegations has

    not remained free from inconsistencies. Equally, the

    respondent has not produced convincing independent
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    evidence demonstrating that every effort for restoration of

    matrimonial life was frustrated solely because of the

    appellant’s obstinacy.

    102. The matrimonial relationship had admittedly

    become deeply strained because of prolonged infertility,

    repeated medical treatment, mutual accusations and the

    breakdown of trust.

    103. In such circumstances, mere physical

    separation cannot automatically be equated with statutory

    desertion.

    104. The Court is also conscious that matrimonial

    disputes frequently reach a stage where both spouses

    contribute, in varying degrees, to the collapse of the

    relationship. The law of desertion nevertheless requires the

    Court to identify the spouse responsible for the permanent

    abandonment of matrimonial obligations.

    105. On the evidence presently available, it appears

    difficult to attribute the entire blame to one spouse alone.

    106. The circumstances rather indicate progressive

    deterioration of the marital relationship resulting from

    multiple factors, including prolonged childlessness, emotional
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    incompatibility, repeated allegations and counter-allegations,

    criminal litigation and complete loss of mutual confidence.

    107. Whether these circumstances satisfy the

    statutory ingredients of desertion is a matter requiring

    cautious evaluation.

    108. The Court shall now consider the subsequent

    events which have occurred during pendency of the appeal.

    The respondent has brought on record that during the

    pendency of the present appeal he has contracted a second

    marriage after obtaining the decree of divorce from the Family

    Court.

    109. The appellant contends that such conduct

    disentitles the respondent from sustaining the decree.

    110. This submission requires examination with

    reference to Section 15 of the Hindu Marriage Act. Section 15

    provides that where a marriage has been dissolved by a decree

    of divorce and there is no right of appeal, or where the time

    prescribed for filing an appeal has expired without an appeal

    having been presented, or where an appeal has been presented

    but has been dismissed, it shall be lawful for either party to

    marry again.

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    111. The statutory prohibition, therefore, continues

    so long as the appeal remains maintainable or is actually

    pending.

    112. The Hon’ble Supreme Court in Anurag Mittal

    v. Shaily Mishra Mittal, reported in (2018) 9 SCC 691,

    explained that a party contracting a second marriage during

    pendency of an appeal does so subject to the outcome of that

    appeal. Such remarriage does not render the appeal

    infructuous. If the appellate court ultimately reverses the

    decree of divorce, appropriate legal consequences follow

    notwithstanding the subsequent marriage.

    113. Consequently, the mere fact that the respondent

    has entered into a second marriage cannot deprive the

    appellant of her statutory right of appeal.

    114. At the same time, the Court cannot ignore the

    practical consequences flowing from such subsequent event.

    115. If the decree is ultimately found to be legally

    sustainable, the subsequent marriage would remain

    unaffected.

    116. If, however, the decree itself cannot withstand

    judicial scrutiny, the subsequent marriage cannot by itself
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    validate an otherwise unsustainable decree.

    117. Therefore, the subsequent marriage is a

    relevant subsequent event but not a determinative factor.

    118. The Court must first decide the correctness of

    the decree under challenge strictly on the basis of the

    pleadings, evidence and applicable law.

    119. Another subsequent event relied upon by the

    respondent is the acquittal recorded in the criminal

    proceedings.

    120. As already noticed, the acquittal is a relevant

    circumstance.

    121. The Division Bench, while dismissing the

    appeal against acquittal, independently analysed the

    prosecution evidence and found that material inconsistencies

    existed regarding the alleged dowry demand, the purchase of

    land, the alleged attempt to strangulate the informant and the

    surrounding circumstances. Ultimately, the prosecution was

    held to have failed to establish the charges beyond reasonable

    doubt.

    122. While this finding cannot conclude the

    matrimonial controversy, it undoubtedly weakens the
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    appellant’s contention that the allegations of serious criminal

    misconduct stood fully established.

    123. Equally, the acquittal cannot be elevated into

    conclusive proof that every allegation made by the appellant

    was malicious.

    124. The Court must still independently assess the

    matrimonial evidence on the civil standard of preponderance

    of probabilities.

    125. The strongest precedent for this issue is

    not actually about remarriage itself, but about the

    interpretation of Section 15 of the Hindu Marriage Act and the

    effect of remarriage before the expiry of the appeal period.

    126. A High Court judgment should discuss the

    issue in the following sequence.

    Whether the respondent-husband, having contracted

    a second marriage after pronouncement of the judgment

    granting divorce but before expiry of the statutory period of

    appeal and even before preparation of the decree, can claim

    any equitable advantage from such remarriage, and whether

    such subsequent marriage affects the maintainability or merits

    of the present appeal.

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    127. Section 15 of the Hindu Marriage Act, 1955

    permits remarriage only in three eventualities. Firstly, where

    there is no right of appeal against the decree of divorce.

    Secondly, where the period prescribed for filing the appeal has

    expired without any appeal having been preferred. Thirdly,

    where an appeal has been preferred and has been dismissed.

    The legislative intent is evident. The right of appeal conferred

    upon the aggrieved spouse is intended to remain effective and

    meaningful. During the subsistence of such right, the

    successful party cannot, by contracting another marriage,

    create a situation which would either render the appeal

    infructuous or place the appellate court in a position where the

    relief sought becomes practically difficult.

    128. The Hon’ble Supreme Court in Lila Gupta v.

    Laxmi Narain, reported in (1978) 3 SCC 258, while

    construing Section 15, observed that the provision is enacted

    to regulate the stage at which a divorced spouse may lawfully

    contract another marriage. Although the Court held that a

    marriage solemnized in contravention of Section 15 is not

    rendered void by the Act itself, the judgment unmistakably

    recognises that the statutory prohibition cannot be ignored

    with impunity.

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    129. Subsequently, in Anurag Mittal v. Shaily

    Mishra Mittal, reported in (2018) 9 SCC 691, the Hon’ble

    Supreme Court reiterated that the right of appeal is a

    substantive statutory right and that a remarriage contracted

    during the pendency of an appeal cannot defeat the appellate

    jurisdiction. The Court held that such remarriage does not

    render the appeal infructuous and the legality of the decree

    granting divorce must still be examined on its own merits. A

    party contracting a second marriage during the currency of

    appellate proceedings does so at his own peril.

    130. In Savitri Pandey v. Prem Chandra Pandey,

    reported in (2002) 2 SCC 73, the Hon’ble Supreme Court

    emphasised that Section 15 intends to preserve the efficacy of

    the appellate remedy by postponing remarriage until the

    statutory period of appeal has expired or the appeal has been

    finally decided.

    131. Applying the aforesaid principles to the facts of

    the present case, the chronology assumes considerable

    significance. The judgment allowing the matrimonial petition

    was delivered on 19.03.2021 whereas the decree was prepared

    on 01.04.2021. According to the appellant, the respondent

    contracted a second marriage during the interregnum, that is,
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    after pronouncement of the judgment but before preparation

    of the decree and before expiry of the statutory period

    prescribed for preferring an appeal.

    132. If this factual assertion is borne out from the

    record, the respondent’s conduct would clearly be inconsistent

    with the legislative mandate embodied in Section 15. On the

    date of the alleged remarriage, the appellant’s statutory right

    of appeal had neither lapsed nor been exhausted. The

    respondent could not legitimately assume that the decree had

    attained finality merely because judgment had been

    pronounced. Until the period of limitation for filing an appeal

    expired, or the appeal, if filed, stood dismissed, the embargo

    contained in Section 15 continued to operate.

    133. The respondent, therefore, cannot derive any

    equitable advantage from his own act. A subsequent marriage

    contracted in disregard of the statutory restriction cannot be

    employed as a ground to contend that the appellate court

    should refrain from examining the correctness of the decree

    under challenge. Acceptance of such a contention would

    virtually permit the successful spouse to frustrate the statutory

    right of appeal by creating irreversible facts during the

    subsistence of the limitation period.

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    134. At the same time, the alleged remarriage does

    not, by itself, determine the outcome of the appeal. The

    appellate court is still required to independently examine

    whether the decree passed by the Family Court is sustainable

    on facts and in law. If the decree is found to be legally

    justified, the subsequent marriage would not affect the result.

    Conversely, if the decree is liable to be set aside, the

    respondent cannot seek protection merely on the ground that

    he chose to remarry before the statutory conditions

    contemplated under Section 15 stood satisfied.

    135. Accordingly, this Court holds that the

    respondent’s alleged remarriage during the interregnum

    between the pronouncement of judgment and the expiry of the

    statutory period for filing an appeal neither defeats the

    maintainability of the present appeal nor creates any equity in

    favour of the respondent. The appeal must, therefore, be

    decided exclusively on the merits of the decree under

    challenge.

    136. I would also verify one crucial point before

    finalising this discussion: the exact date of the second

    marriage. If the marriage took place before 01.04.2021, it

    raises an additional legal question because a decree of divorce
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    had not yet been formally drawn. That factual nuance could

    materially strengthen the reasoning.

    137. Having examined the pleadings, the oral

    evidence, the documentary evidence, the subsequent

    developments and the legal principles governing the field, the

    Court now proceeds to record its conclusions on the issues

    framed earlier.

    138. The first issue relates to cruelty under Section

    13(1)(ia) of the Hindu Marriage Act.

    139. The Family Court accepted the respondent’s

    case that the cumulative conduct of the appellant amounted to

    mental cruelty. While arriving at such conclusion,

    considerable reliance was placed upon the evidence regarding

    persistent matrimonial discord, institution of criminal

    proceedings and the overall conduct of the parties.

    140. Being the first appellate Court, this Court has

    independently re-appreciated the entire evidence.

    141. It is evident from the record that the

    matrimonial relationship between the parties did not collapse

    because of one isolated incident. The discord developed

    gradually over a prolonged period.

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    142. The evidence unmistakably establishes that the

    parties underwent repeated infertility treatment for several

    years. The inability to conceive caused immense emotional

    strain upon both spouses. Medical intervention continued over

    a considerable period and substantial expenditure was

    incurred. During this period, instead of the spouses drawing

    emotional support from one another, mutual distrust steadily

    increased.

    143. The evidence further establishes that repeated

    allegations and counter-allegations replaced normal

    matrimonial companionship. Meetings between family

    members failed. Litigation commenced. Thereafter, criminal

    prosecution followed.

    144. The Court has carefully examined whether the

    allegations of cruelty made by the respondent stand

    independently established.

    145. Certain allegations, such as frequent quarrels,

    abusive behaviour and lack of cordiality, are general in nature.

    Standing alone, they may not justify dissolution of marriage.

    146. Similarly, the allegations made by the appellant

    regarding every alleged demand of dowry have not emerged
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    free from doubt.

    147. The decisive circumstance, however, is not any

    single allegation.

    148. The Court is required to assess the cumulative

    matrimonial conduct.

    149. After institution of the matrimonial

    proceedings, the appellant initiated criminal prosecution

    containing allegations of demand of dowry, attempt to murder

    and criminal conspiracy.

    150. The prosecution culminated in acquittal after

    full trial.

    151. The Division Bench, while considering the

    appeal against acquittal, analysed the oral as well as

    documentary evidence in considerable detail. It noticed

    inconsistencies regarding the alleged demand of land,

    contradictions regarding the alleged occurrence, absence of

    adequate corroboration from the medical evidence and several

    infirmities in the prosecution case before ultimately declining

    interference with the acquittal.

    152. This Court is conscious that acquittal in

    criminal proceedings does not automatically establish
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    matrimonial cruelty.

    153. Nevertheless, where allegations are of an

    extremely serious nature and are ultimately found not proved

    after a full-fledged criminal trial, such circumstance assumes

    significance while examining whether continuation of the

    matrimonial relationship has become impossible because of

    the conduct of the parties.

    154. The respondent and his family members were

    required to face prosecution under serious penal provisions.

    155. The litigation continued over several years.

    156. Ultimately, the criminal prosecution failed.

    157. The Court cannot ignore the mental agony,

    social consequences and prolonged litigation inevitably

    suffered by the respondent and his family members.

    158. Viewed cumulatively with the admitted long

    separation, complete collapse of mutual confidence and

    repeated unsuccessful attempts at reconciliation, the evidence

    indicates that the matrimonial relationship had broken down

    beyond repair long before the decree came to be passed.

    159. The Court is therefore unable to hold that the

    Family Court committed any error in concluding that the
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    respondent had established matrimonial cruelty on the

    standard of preponderance of probabilities.

    160. The finding on Issue No. (i) accordingly calls

    for no interference.

    161. The second issue concerns desertion.

    162. The fact of long separation is admitted.

    163. The appellant has attempted to justify her

    departure from the matrimonial home by referring to alleged

    dowry demands and physical cruelty.

    164. The respondent has asserted voluntary

    abandonment.

    165. The evidence, in the opinion of this Court, does

    not conclusively establish that every ingredient of statutory

    desertion stood independently proved.

    166. The circumstances reveal that separation

    resulted from cumulative matrimonial discord rather than a

    single unilateral act.

    167. In view of the finding already recorded on

    cruelty, it is unnecessary to rest the decree exclusively upon

    the ground of desertion.

    168. Even assuming that some doubt survives
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    regarding one of the statutory ingredients of desertion, the

    decree is fully sustainable on the ground of cruelty alone.

    169. Accordingly, the finding relating to desertion

    need not be examined any further.

    170. The next issue concerns the subsequent

    remarriage of the respondent.

    171. The material brought on record indicates that

    after obtaining the decree of divorce, the respondent

    contracted another marriage during pendency of the present

    appeal.

    172. Such remarriage cannot render the present

    appeal infructuous.

    173. Section 15 of the Hindu Marriage Act and the

    decision of the Hon’ble Supreme Court in Anurag Mittal make

    it clear that an appeal challenging the decree continues to

    remain maintainable notwithstanding such subsequent

    marriage.

    174. The appellate Court must first determine the

    correctness of the decree.

    175. Since this Court has independently found the

    decree sustainable on merits, no further consequence arises
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    from the subsequent marriage.

    176. The subsequent acquittal has also been relied

    upon by both sides.

    177. For the reasons already discussed, the acquittal

    neither automatically proves matrimonial cruelty nor becomes

    wholly irrelevant.

    178. It constitutes one important circumstance

    among many.

    179. The Court has treated it only to that limited

    extent.

    180. The Court must also notice one aspect which

    deserves emphasis.

    181. Marriage is not dissolved because the spouses

    failed to have children, nor is divorce granted merely because

    the parties have remained separated for a long time.

    182. The decree is sustained because, on an overall

    appreciation of the evidence, the matrimonial relationship

    reached a stage where mutual trust completely disappeared,

    serious criminal litigation ensued, reconciliation repeatedly

    failed and the cumulative conduct established mental cruelty

    within the meaning of Section 13(1)(ia) of the Hindu Marriage
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    Act.

    183. The Family Court appreciated the evidence

    from substantially the same perspective.

    184. Though certain observations made in the

    impugned judgment may admit of refinement, no error of law

    or appreciation of evidence has been demonstrated which

    would justify interference in exercise of appellate jurisdiction.

    185. Accordingly, the appeal deserves dismissal.

    186. The instant Miscellaneous Appeal is dismissed.

    187. The judgment, dated 19.03.2021 and the

    decree, dated 01.04.2021, passed by the learned Principal

    Judge, Family Court, Rohtas at Sasaram in Matrimonial Case

    No. 351 of 2019 are affirmed.

    188. Pending Interlocutory Applications, if any,

    stand disposed of.

    189. However, there shall be no order as to costs.

    190. Let the lower court records be transmitted

    forthwith.

    191. Before parting with the matter, this Court

    considers it necessary to advert to the appellant’s entitlement

    for permanent alimony under Section 25 of the Hindu
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    Marriage Act, 1955.

    192. Section 25 of the Hindu Marriage Act runs thus:-

    “25. Permanent alimony and
    maintenance.–

    (1) Any court exercising jurisdiction
    under this Act may, at the time of passing any
    decree or at any time subsequent thereto, on
    application made to it for the purpose by either
    the wife or the husband, as the case may be,
    order that the respondent shall pay to the
    applicant for her or his maintenance and support
    such gross sum or such monthly or periodical
    sum for a term not exceeding the life of the
    applicant as, having regard to the respondent’s
    own income and other property, if any, the
    income and other property of the applicant, the
    conduct of the parties and other circumstances of
    the case, it may seem to the court to be just, and
    any such payment may be secured, if necessary,
    by a charge on the immovable property of the
    respondent.

    (2) If the court is satisfied that there is
    a change in the circumstances of either party at
    any time after it has made an order under sub-

    section (1), it may, at the instance of either party,
    vary, modify or rescind any such order in such
    manner as the court may deem just.

    (3) If the court is satisfied that the
    party in whose favour an order has been made
    Patna High Court MA No.367 of 2021 dt.10-07-2026
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    under this section has re-married or, if such party
    is the wife, that she has not remained chaste, or,
    if such party is the husband, that he has had
    sexual intercourse with any woman outside
    wedlock, it may at the instance of the other party
    vary, modify or rescind any such order in such
    manner as the court may deem just.”

    193. Section 25 of the Act confers a wide discretion

    upon the Court to award permanent alimony and maintenance at

    the time of passing any decree or at any time subsequent thereto.

    While exercising such jurisdiction, the Court is required to have

    due regard to the income and other property of the parties, their

    respective financial capacities, their conduct and the other

    circumstances of the case. The discretion is neither arbitrary nor

    punitive. It is intended to secure a just financial arrangement

    consequent upon the disruption of the marital relationship.

    194. The expression “other circumstances of the case”

    occurring in Section 25 is of wide amplitude. It enables the

    Court to take into consideration not merely the disclosed income

    of the parties but also their educational qualifications, earning

    capacity, age, health, social background, standard of living

    enjoyed during the subsistence of marriage, duration of the

    matrimonial relationship, liabilities, obligations and all

    subsequent events having a bearing on the financial security of
    Patna High Court MA No.367 of 2021 dt.10-07-2026
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    the spouse claiming maintenance.

    195. In Rajnesh v. Neha, reported in (2021) 2 SCC

    324, the Supreme Court undertook an exhaustive survey of the

    law governing maintenance under various enactments. While

    dealing with the principles applicable to determination of

    maintenance, the Court observed that there can be no fixed

    mathematical formula for quantifying maintenance. The

    determination necessarily depends upon the facts of each case.

    The Court emphasised that the income of the parties, their assets

    and liabilities, their actual financial capacity, reasonable needs,

    standard of living and other attendant circumstances are relevant

    considerations and directed filing of affidavits of disclosure to

    enable the Court to arrive at a fair determination.

    196. The rationale underlying the aforesaid decision is

    that an order of maintenance should neither reduce the claimant

    to a condition of financial insecurity nor impose an

    unreasonable burden upon the person liable to pay. The object is

    to strike a balance between the legitimate needs of one spouse

    and the financial capacity of the other so that the order remains

    fair to both.

    197. The scope of Section 25 also came to be

    considered in Kalyan Dey Chowdhury v. Rita Dey Chowdhury
    Patna High
    Court MA No.367 of 2021 dt.10-07-2026
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    Nee Nandy, reported in (2017) 14 SCC 200. The Supreme Court

    reiterated that the jurisdiction under Section 25 is a continuing

    jurisdiction and the Court is required to mould the relief having

    regard to the financial position of the parties and the changes in

    their circumstances. The emphasis, therefore, is not upon rigid

    formulae but upon achieving substantive justice in the facts of

    the individual case.

    198. More recently, in Rakhi Sadhukhan v. Raja

    Sadhukhan, reported in 2025 INSC 789, while examining the

    adequacy of permanent alimony awarded by the High Court, the

    Supreme Court reiterated that the quantum of permanent

    alimony must bear a reasonable nexus with the financial status

    of the parties and should be realistic enough to secure the future

    financial stability of the claimant spouse. The Court also

    recognised that subsequent changes in financial circumstances

    are relevant while moulding the relief under Section 25.

    199. Keeping the aforesaid principles in view, this

    Court has examined the materials placed on record.

    200. From the affidavit of assets and liabilities, it is

    found that the respondent husband claimed that his monthly

    income is Rs. 86,900/-. On examination of the affidavit filed on

    12th of May, 2025, it appears that he has enclosed his salary slip
    Patna High Court MA No.367 of 2021 dt.10-07-2026
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    at page 20 of the affidavit. It is found from his salary slip that

    his basic pay was Rs. 55,200/- plus Grade-Pay Rs. 4200/- plus

    D.A. Rs. 30360/- plus HRA Rs. 1340/-, total earning being Rs.

    86,900/-. The respondent husband in his affidavit of assets and

    liabilities correctly stated his monthly income as Rs. 86,900/- In

    his affidavit of assets and liabilities, he also said that apart from

    his salary, he has a house at Prayagraj and a plot measuring

    2275 square feet in Mugalsarai, which was purchased by him. It

    is also stated by him that he pays EMI for housing loan at the

    rate of Rs. 43,851/- per month and a sum of Rs. 11,340/- as EMI

    towards a personal loan.

    201. It is no longer res integra that EMI under

    housing loan and personal loan shall not be deducted from the

    salary. While considering the liability of the husband to pay

    permanent alimony, except GPF contribution and income tax, no

    amount can be deducted from the salary of the husband for the

    purpose of calculation of permanent alimony. Thus, if we

    considered the income of the husband at the rate of Rs. 86,900/-

    per month total amount of salary would be Rs. 10,42,800/-. The

    husband is now aged about 50 years. Therefore, if the income

    from the salary per annum is multiplied by 10, it would be Rs.

    1,04,28,000/- (One Crore Four Lakh Twenty Eight Thousand)
    Patna High Court MA No.367 of 2021 dt.10-07-2026
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    only. The wife is entitled one-third of the said amount as

    permanent alimony. Thus, wife shall get permanent alimony to

    the tune of Rs. 34,76,000/- (Thirty-Four Lakhs Seventy-Six

    Thousand) only.

    202. In view of this finding and specially when

    husband did not make any submission with regard to the

    permanent alimony at the time of hearing of the appeal and on

    due consideration of the fact that he has a residential flat at

    Prayagraj and a piece of landed property at Mugualsarai, we are

    of the view that the husband is quite able to pay the aforesaid

    permanent alimony to the wife for his maintenance. It is

    needless to say that permanent alimony is required to be paid for

    the maintenance of the wife in the same status, had she been in

    her matrimonial home peacefully with her husband

    203. Considering such circumstances, we direct the

    respondent husband to pay permanent alimony of Rs.

    34,76,000/- (thirty-four lakh seventy-six thousand) only in two

    equal installments. First installment shall be paid within 15 days

    from the date of communication of this order to the Lower

    Court and the second installment shall be paid exactly after 60

    days from the date of payment of first installment by issuing

    demand draft in the name of the wife in Court below.

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    The learned Principal Judge, Family Court, Rohtas at

    Sasaram is directed to serve notice to the wife/appellant to

    receive the amount of permanent alimony from the court below.

    If the respondent fails to pay that amount, the appellant is at

    liberty to realize that amount in accordance with law.

    (Bibek Chaudhuri, J)

    Chandra Shekhar Jha, J: I agree.

    (Chandra Shekhar Jha, J)

    skm/-

    AFR/NAFR                NAFR
    CAV DATE                23.06.2026
    Uploading Date          10.07.2026
    Transmission Date       NA
     



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