RANCHI, India, Oct. 7 -- Jharkhand High Court issued the following order on Sept. 8:

1. The instant appeal has been filed on behalf of the respondent/appellant under Section 19(1) of the Family Courts Act, 1984 against the order/judgment dated 12.12.2024 [decree signed on 17.12.2024] passed by the learned Principal Judge, Family Court, Bokaro in Original Suit No. 512 of 2021, whereby and whereunder, the said Suit filed by the respondent-wife under sections 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 for dissolution of her marriage has been allowed.

2. The brief facts of the case are referred herein as under:

The marriage between the parties was solemnized on 01.03.2012 as per Hindu rites and rituals. Following the marriage, the parties established their matrimonial residence in Bokaro where the marriage was duly consummated resulting in the birth of their son, namely, Aditya Singh on 27.4.2013. By the time the respondent-wife found that the appellant-husband is extremely rude, abusive, unpredictable, ill-mannered and alcoholic and he had also illicit relationship with some other girls. He has no regard for family values and was engaged in illegal activities having nexus with local criminals. The appellant-husband used filthy languages against her and her family members and also used to assault her for more dowry. He forced her to take loan and borrow huge sums of money from her father and when she expressed inability of her father, the appellant along with his family members ousted her from the house on 12.12.2018 along with their four years old son and since then the respondent-wife is living in her father's house along with her four years son. It is further alleged that the appellanthusband and his brother had taken loan of Rs. 1 crore 10 lakhs from Bank of India, Chas Branch, Bokaro in which the respondent-wife forced to sign as a guarantor. She being an uneducated lady, being hardly 10th pass in Hindi Medium and not conversant with English language or documents did not understand the contents and signed on the same. The said loan account was declared as NPA on 31.5.2018 leading to filing of a first information report against all parties being Chas PS Case No. 131 of 2018. As being a guarantor in the said loan account, she was arrested and spent more than ten months in custody whereas the appellant was absconding and lastly, he was arrested on 8.2.2021 and, therefore, Original Suit No. 512 of 2021 has been filed by the respondent-wife for decree of divorce.

3. Notice was issued to the appellant who appeared and filed his written statement. Thereafter, altogether five issues have been framed by the learned Family Judge which are as follows:

(i) Is this suit maintainable in its present form?

(ii) Whether the petitioner has valid cause of action for the suit?

(iii) Whether the respondent (husband) has subjected the petitioner (wife to cruelty after marriage?

(iv) Whether the respondent (husband) deserted his wife (petitioner) since last two years prior to filing of the suit and is entitled to get a Decree of dissolution of marriage on the basis of Sections 13(1)(ia)(ib) of the Hindu Marriage Act, 1955?

(v) Whether the petitioner is entitled to get the relief as prayed for?

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xxlgUEKWwuG3bzSUnzysBMMjZFYarHEVgUGIyVNynWA4&caseno=FA/14/2025&cCode=1&cino=JHHC010019302025&state_code=7&appFlag=)

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