Justice S. B. Pd. Singh as part of Division Bench sets aside judgement by Principal Judge, Family Court, Purnea, dissolves marriage by a decree of divorce

On September 18, 2025, Patna High Court's Division Bench of Acting Chief Justice P.B. Bajanthri and Justice S. B. Pd. Singh delivered five judgements in Soma Raha @ Soma Aich @ Soma Aice @ Soma Raha Aich vs. Partho Sarthi Raha, Nitu Kumari vs. Munna Prasad Singh, Suman Kumari vs. Rakesh Kumar, Sanjay Kumar vs. Smt. Nilam Devi and Arpana Kumari vs. Shyam Kishore Kumar. Interestingly, all the judgemts were authored by Justice Singh. On an earlier occasion too, Justice Singh had authored all the judgements of the day.    

In Soma Raha @ Soma Aich @ Soma Aice @ Soma Raha Aich vs. Partho Sarthi Raha, the Division Bench delivered a 18-page long judgement, wherein, it concluded: ''...the judgment and decree dated 11.09.2018 passed by learned Principal Judge, Family Court, Purnea in Matrimonial Case No. 93 of 2014 is hereby set aside and the marriage between the appellant-wife and respondent-husband is hereby dissolved by a decree of divorce.'' The judgement authored by Justice Singh allowed the Miscellaneous Appeal. 

The judgment reads:''24. It is made clear that the appellant-wife has limited her prayer only with regard to dissolution of marriage. Hence, if she is desirous for any permanent alimony, she is free to file appropriate application before appropriate forum. 25. The Registry is directed to prepare the decree of divorce accordingly.''

The present appeal was filed under Section 19 (1) of the Family Court Act, 1984 impugning the judgment and decree dated 11.09.2018 passed by Principal Judge, Family Court, Purnea in Matrimonial Case No. 93 of 2014, whereby the matrimonial suit, preferred by the appellant, seeking dissolution of marriage, has been dismissed. 

The case of the appellant was that the marriage of the appellant with respondent was solemnized on April 23, 2000 at Kolkata as per Hindu rights and customs. The marriage was registered under Special Marriage Act. At the time of marriage, the father of the appellant spent Rs. 9 lakhs on articles and sent the same with the appellant. The marriage was consummated and out of the wedlock, a girl-child was born who is now 11 years old. After one year of the marriage, the appellant found the behavior of the respondent towards her was not very good and he had his eyes on the appellant’s jewellery and he deceived her and kept her jewellery with himself in the name of keeping it in a bank locker and gradually misused by selling them and also repeatedly pressurized the appellant to ask for money from her father. The appellant was the only daughter of her parents, therefore, they kept fulfilling the demands of the respondent for the appellant’s happy married life but respondent’s demand kept increasing day by day and when it increased beyond limits, the appellant’s father became unable to fulfill the demand, as a result of which, the respondent started torturing and assaulting the appellant for non-fulfillment of dowry demand. 

The appellant kept tolerating all the atrocities on herself for the sake of her daughter’s future. The respondent always kept lying to her for illegal demands and always kept assuring that her jewellery has been kept in the bank locker. The respondent always ignored appellant’s words and never fulfilled his marital obligations. The appellant alleged that the respondent always contacted her for sexual pleasure and never gave her the respect of a wife and he repeatedly went to her father’s house for money. The respondent being husband never behaved well with the appellant and always used to torture and assault the appellant. Her parents and relatives made a lot of efforts to convince the respondent but all their efforts went in vein. She alleged that being an ideal wife, she kept tolerating all the atrocities of respondent whereas the respondent, in order to hide his wrong conduct, kept tarnishing her reputation by making false allegations against her and kept increasing her mental agony and always kept saying that he cannot maintain marital relations with her. The harassment by the respondent kept increasing day by day and on March 8, 2013, when the appellant got fed up of the atrocities of respondent and made protest, she was beaten badly with an intention to kill and she was locked in a room. The appellant’s parents made a lot of efforts to convince the respondent but he was not ready to live with the appellant and from March 10,  2013 he had completely deserted her. The appellant alleged that due to the cruel behavior, betrayal, fraud and daily mental torture, it was very difficult to maintain marital relations with the respondent. Hence, the appellant had no other option but to file the divorce petition for dissolution of marriage with the respondent-husband.

The respondent-husband submitted that the case was fit to be dismissed as it was not maintainable either in eye of law or on fact. The respondent had married with the appellant under Special Marriage Act and he never demanded any dowry or tortured the appellant-wife for non- fulfillment of dowry demand. The allegation of the appellant-wife in the divorce petition for demand of dowry against the respondent was false, concocted levelled only in order to get divorce from the respondent. In fact, the father of the appellant had deposited a sum of Rs. 25 lakhs in the joint account of the respondent and appellant and thereafter withdrew Rs. 16 lakhs to purchase a flat and when the respondent-husband told the appellant wife that credit and debit of such a huge money in his account may create a problem in future as income tax department was on vigil of every account, the appellant quarreled with the respondent, called her father and went along with jewellery, pass-book cheque-book, ATM etc. The respondent was still ready to keep his wife with full dignity and honour. The respondent had never given threat, nor ill behaved, humiliated or quarreled with the appellant or any in-laws family members and all the allegations made against the respondent-husband are fake with a view to take divorce from him. Hence, the divorce petition is liable to be dismissed.

After conclusion of the trial, the Principal Judge, Family Court had come to the conclusion that the appellant had not proved her case and the suit was accordingly dismissed. Thereafter, being aggrieved and dissatisfied with the judgment and decree passed by the Principal Judge, Family Court, Purnea in a Matrimonial Case of 2014, the appeal was filed by the appellant. The High Court has reversed this judgement and decree. 
 

 

 

As part of Division Bench Justice S. B. Pd. Singh authored all judgments dated September 2

Patna High Court's Division Bench of Acting Chief Justice P. B. Bajanthri and Justice S. B. Pd. Singh delivered seven judgements on September 2, 2025.All the judgements dated September 2 by this bench were authored by Justice Singh. 

In Bibek Kumar Jaiswal @ Vivek Kumar Jaiswal vs. Shabnam Jaiswal @ Sabnam Jaiswal (2025), a case from Supaul, Justice Singh held that Family Court rightly dismissed the matrimonial case of the appellant seeking divorce. 

In Nilu Kumari vs. Sanjay Kumar (2025), a case from Hajipur, Justice Singh set  aside the judgement and decree by Principal Judge, Family Court, Vaishali. 

In Shashi Bhushan Poddar vs. Gyan Bharti @ Rekha Poddar & Anr. (2025), a case from Bhagalpur, Justice Singh upheld Family Court's judgement and decree which dismissed the matrimonial case of the appellant seeking divorce. 

In Arun Kumar vs. Sushmita Kumari (2025), a case from Begusarai, Justice Singh set aside judgment and decree by Principal Judge, Family Court, Begusarai, which had dismissed the divorce case. 

In Md. Naushad Hussain vs. Shahida Khaton & Anr. (2025), a case from Darbhanga, Justice Singh concluded:"Considering the fact that Talaq has already been performed between the parties and in the entire evidence, the appellant-husband has not denied the aforesaid assertion of the respondent and the respondent herself does not want to continue matrimonial relationship with the appellant-husband, we are not inclined to interference with the impugned judgment. The Family Court has rightly dismissed the Matrimonial Case No. 209 of 2012 filed on behalf of the appellant husband."   

In Pramod Pasi vs. The State of Bihar through Secretary Excise and Prohibition Department Govt. of Bihar & Ors. (2025), a case from Gopalganj, the Court recorded that the recovery of illicit liquor was only 7.8 litres which is a meager quantity. Justice Singh concluded:"Considering the small quantity of liquor, the concerned authority is hereby directed to collect fine of Rs. 10,000/-(Ten Thousands) from the petitioner and release the motorcycle in his favour within a period of one week from the date of receipt of this order, for which petitioner has no objection." He observed: "We are conscious of the fact that alleged recovery is meager quantity and the aforesaid order has been passed while invoking extra ordinary jurisdiction under Article 226 of the Constitution of India for the reasons that unnecessarily petitioner shall not be subjected to various proceedings like Rule of 12A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12A in the year 2022 and 2023, Sections 58, 92 and 93 of the Bihar Prohibition and Excise Act, 2016, for an issue of 7.8 litres of illicit liquor and such order is required to prevent the multiplicity of proceeding in the interest of justice."

In Yogendra Yadav vs, The State of Bihar through the Principal Secretary, Bihar Prohibition and Excise Department, Bihar & Ors. (2025), a case from Gaya, Justice Singh took note of the fact that the recovery of illicit liquor was only 1 litre which is a meager quantity. He observed: "Considering the small quantity of liquor, the concerned authority is hereby directed to collect fine of Rs. 5,000/-(Five Thousands) from the petitioner and release the motorcycle in his favour within a period of one week from the date of receipt of this order, for which petitioner has no objection." He added: We are conscious of the fact that alleged recovery is meager quantity and the aforesaid order has been passed while invoking extra ordinary jurisdiction under Article 226 of the Constitution of India for the reasons that unnecessarily petitioner shall not be subjected to various proceedings like Rule of 12A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12A in the year 2022 and 2023, Sections 58, 92 and 93 of the Bihar Prohibition and Excise Act, 2016, for an issue of 1 litre of illicit liquor and such order is required to prevent the multiplicity of proceeding in the interest of justice."

Notably, a 17-page long judgement dated September 1, 2025 by the same Division Bench had set aside the judgment and decree dated February 25, 2019 passed by the Principal Judge, Family Court, Gopalganj. This judgement too was authored by Justice Singh.  

 

As part of Division Bench Justice S. B. Pd. Singh sets aside judgment, decree by Principal Judge, Family Court, Gopalganj

"The essential ingredients in an offence of adultery are that: (i) There should be an act of sexual intercourse outside the marriage, and (ii) that such intercourse should be voluntary."

In Kiran Devi vs. Akhilesh Mishra & Anr. (2025), a miscellaneous appeal, Patna High Court's Division Bench of Acting Chief Justice P. B. Bajanthri and Justice S. B. Pd. Singh passed a 17-page long judgement dated September 1, 2025 setting aside the judgment and decree dated February 25, 2019 passed by the Principal Judge, Family Court, Gopalganj in M.M. Case No. 176 of 2011 M.M. Case No. 176 of 2011 stands and dismissed the case. The judgement was authored by Justice Singh. 

The appeal was filed under Section 19(1) of the Family Court Act, 1984 impugning the judgment and decree dated February 25, 2019 passed by Principal Judge, Family Court, Gopalganj, whereby the matrimonial suit, preferred by Akhilesh Mishra, the respondent No. 1, for a decree of divorce, on dissolution of marriage, was allowed subject to payment of Rs. 2,50,000/- as permanent alimony for life support of the appellant. The case of the respondent No. 1 as per petition filed before the Family Court was that the marriage of the appellant was solemnized with respondent No.1 in the month of May, 2005 as per the Hindu Rites and Custom. After the marriage, the appellant came to her matrimonial house and stayed there for few months and thereafter, she went to her parents’ house and stayed there for a year. The respondent-husband and his father made several attempts to take the appellant to her matrimonial house, but all the efforts went in vein. At last in June, 2006 the respondent No. 1 went to his Sasural along with some relatives on promise of his father-in-law and brother-in-law to sent the appellant with him but she did not come with the respondent No. 1. Subsequently, the respondent-husband came to know that appellant has illicit relationship with Ashok Sharma, the respondent No. 2 who often used to visit the house of the appellant. The respondent-husband also came to know that appellant was pregnant and a female child was born who died just after the birth. The respondent-husband made several attempts to reconcile the matter with the appellant but all his efforts went in vein. The appellant, thereafter filed complaint case in 2009 against the respondent-husband and other family members which was registered as Bhore P.S. case of 2010 under Sections 498(A), 406, 34 of the Indian Penal Code. In the this case, the respondent-husband and his father were rotting in jail for 6-7 months and ultimately after some time, on the intervention of relatives, a compromise was filed in the said case and appellant came to her Sasural but after sometime, the appellant went away from her Sasural with respondent No. 2. The respondent-husband also alleged that appellant and respondent-husband never cohabited since their marriage and appellant had completely deserted the matrimonial life of the respondent-husband. The respondent-husband, therefore, prayed that the marriage between the appellant and respondent No. 1 be declared dissolved and a decree of divorce be passed in his favour. 

In response to the summon/notice issued by the Court, appellant/O.P No. 1 appeared and filed her reply/written statement. In her written statement/reply, the respondent No. 1 had stated all the allegations levelled by the appellant against her is false, concocted and without any basis. She also stated that after the marriage in the year 2005, she went to the house of respondent-husband and started living in her matrimonial house but after sometimes, her in-laws family members started demanding dowry and torture
was inflicted for non-fulfillment of dowry demand. The appellant, in the meanwhile, conceived and a female child was born who died after birth. Thereafter, the respondent- husband and other family members started pressurizing the appellant for motorcycle and colour T.V. and ultimately, on April 20, 2009 they badly assaulted and ousted her from the matrimonial house. The father of the appellant and other relatives made several attempts and requested the respondent-husband and other in-laws to keep her at her matrimonial house but they denied to keep her at her matrimonial house. The appellant, thereafter filed Complaint Case No. 2761 of 2009 against the respondent-husband and other family members which was registered as Bhore P.S. Case No. 2 of 2010 under Sections 498(A), 406, 34 of the Indian Penal Code. The respondent-husband, thereafter filed a divorce case in 2009. In this case, a compromise took place and the respondent-husband was directed to keep the appellant with full dignity and honour. The appellant went to her matrimonial house and started living there but in the meantime, the respondent-husband got a job in Dubai and again appellant was tortured for demand of dowry. The respondent-husband again filed a divorce case in 2011 on the same very facts.

The issues which were framed by the Trial Court are:-
1. Whether the case as framed is maintainable?
2. Whether the appellant has cause of action to file this case?
4. Whether the applicant is entitled to get decree for dissolution of marriage against the O.P ?
5. Whether the petitioner is entitled to any other relief or reliefs?

The High Court considered the following points for determination in this appeal:-
(i) Whether the appellant is entitled to the relief sought for in his petition/appeal.
(ii) Whether the impugned judgment of Principal Judge, Family Court, Patna is just, proper and sustainable/tenable in the eyes of law.

Justice Singh observed:"we find that respondent-husband has deposed in his evidence that appellant-wife always used to make quarrel with him and his family members but no any specific instance of date has been mentioned in the plaint as well as in his evidence. He has also admitted in his evidence that prior to filing of this divorce case, there were no relationship between the appellant and respondent No. 1. The respondent-husband has also not brought on record any proof regarding illicit relationship of appellant with respondent No. 2. The respondent-husband has also not brought on record any cogent and reliable evidence which could show that appellant and respondent No. 2 are living in adultery. The respondent-husband has also not filed petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights which would reflect that he was interested to resume conjugal life with the appellant. The respondent-husband has also not explained as to why he has filed second divorce petition with same allegation as records show that before filing of the present divorce petition, the respondent-husband has also filed M.M Case No. 62 of 2009 which was compromised. So far as allegation of adultery is concerned, the record clearly suggests that only in order to make a legal ground in the divorce case, these baseless allegations have been levelled by the respondent-husband."

The High Court in relied on Supreme Court's decision in Samar Ghose vs. Jaya Ghose reported in 2007 (4) SCC 511 that a sustained unjustifiable conduct and behaviour of one spouse actually affecting physical and mental health of the other spouse. The treatment complained of and the resultant danger or apprehension must be very grave, substantial and weighty. More trivial irritations, quarrel, normal wear and tear of the married live which happens in day-to-day live would not be adequate for grant of divorce on the ground of mental cruelty.

It referred to the Supreme Court's decision in case of Narain Ganesh Dastane vs. Sucheta Naraih Dastane reported in, AIR 1975, SC, 1534. The relevant paragraph reads: 
"One other matter which needs to be clarified is that though under Section 10(1) (b), the apprehension of the petitioner that it will be harmful or injurious to live with the other party has to be reasonable, it is wrong, except in the context of such apprehension, to import the concept of a reasonable man as known to the law of negligence of judging of matrimonial relations. Spouses are undoubtedly supposed and expected to conduct their joint venture as best as they might but it is no function of a court inquring into a charge of cruelty to philosophise on the modalities of married life. Some one may want to keep late hours of finish the day's work and some one may want to get up early for a morning round of golf. The court cannot apply to the habits or hobbies of these the test whether a reasonable man situated similarly will behave in a similar fashion. 'The question whether the misconduct complained of constitutes cruelty and the like for divorce purposes is determined primarily by its effect upon the particular person complaining of the acts. The question is not whether the conduct would be cruel to a reasonable person or a person of average or normal sensibilities, but whether it would have that effect upon the aggrieved spouse. That which may be cruel to one person may be laughed off by another, and what may not be cruel to an Individual under one set of circumstances may be extreme cruelty under another set of circumstances". The Court has to deal, not with an ideal husband and ideal wife (assuming any such exist) but with the particular man and woman before it. The ideal couple or a near-ideal one will probably have no occasion to go to a matrimonial court for, even if they may not be able to draw their differences, their ideal attitudes may help them overlook or gloss over mutual faults and failures."

Justice Singh observed:"....it is crystal clear that respondent-husband has failed to prove the cruel behaviour of the appellant towards him and his family members by the strength of cogent, relevant and reliable evidence, while burden of proof of cruelty rests upon the respondent-husband. Not even single incident with reference to specific date of alleged cruelty has been urged in the plaint before the Family Court. Moreover, wife (appellant) is still ready to live with the respondent-husband. Furthermore, alleged certain flimsy act or omission or using some threatening and harsh words may occasionally happen in the day-to-day conjugal life of a husband and wife to retaliate the other spouse but that cannot be a justified/sustainable ground for taking divorce. Some trifling utterance or remarks or mere threatening of one spouse to other cannot be construed as such decree of cruelty, which is legally required to a decree of divorce. The austerity of temper and behaviour, petulance of manner and harshness of language may vary from man to man born and brought up in different family background, living in different standard of life, having their quality of educational qualification and their status in society in which they live. 23. Thus, considering the above entire aspects of this case and evidence adduced on behalf of both the parties, we find that respondent-husband has failed to prove the allegation of cruelty, much less, the decree of cruel behaviour of appellant which is legally required for grant of decree of divorce under section 13(1) (ia) of the Hindu Marriage Act." 

The High Court's judgement reads: "24. So far as ground of adultery is concerned, adultery may be defined as the act of a married person having sexual intercourse with a person of opposite gender other than the wife or husband of the person. Under the present Hindu Marriage Act, adultery is laid down as one of the grounds for divorce or judicial separation.....26. The respondent-husband has not brought on record any proof to show that appellant was having illicit relationship with the respondent No. 2 nor he has proved that they were living in adultery and only in order to make a valid ground in the divorce petition, these allegations were levelled against the appellant without any supporting material evidence.