2025:JHHC:36596-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A.No. 135 of 2024 Rohit Gupta, aged about 24 years, Son of Shiv Kumar Gupta, Resident of Birsa Mini Chowk, Manoharpur, P.O. and P.S.- Manoharpur, District- West Singhbhum, Chaibasa (Jharkhand). … … Appellant Versus Rupa Gupta, aged about 20 years, Daughter of Late Santosh Gupta, Wife of Rohit Gupta, Resident of New Mahanti Building, Indira Nagar, Manoharpur, P.O. and P.S.- Manoharpur, District- West Singhbhum (Jharkhand); at present residing at Bazar Hat, Near Bank of India, Manoharpur, P.O. a nd P.S. Manoharpur, West Singhbhum, Chaibasa (Jharkhand). … … Respondent … CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI For the Appellant : Mr. Rajendra Prasad Gupta, Advocate For the Respondent : Mr. Bibhav Kumar Singh, Advocate … Order No.06/dated 04.12.2025 The instant appeal preferred under Section 19 (1) of the Family Courts Act is directed against the Judgment dated 29.05.2024 passed by the learned Principal Judge, Family Court, Chaibasa in Original Suit No. 25 of 2024 whereby and whereunder the petition filed by the appellant under Section 12 (1) (C) of the Hindu Marriage Act, 1955 was dismissed on contest. 2. The suit has been filed under Section 12 (1) (C) of the Hindu Marriage Act, 1955 for declaration of marriage to be nullity in the eye of law on the ground that the marriage was solemnized on force. 2025:JHHC:36596-DB 2 3. The learned Trial Court has not found the sufficient evidence to prove the element of content as referred in Section 12 (1) (B) (C) of the Hindu Marriage Act, 1955 and the suit has been dismissed. 4. Learned Counsel appearing for both the parties have shown their willingness that both of them do not want to live together. 5. This Court is of the view that if that be so then the remedy lies is i.e. by filing an application under Section 13 (b) of the Hindu Marriage Act it is for the reason that if the learned Trial Court has passed the Judgment after taking into consideration the evidence in entirety which has not found to be perverse but even then if both the parties are not intending to live together then the remedy since is available under Section 13 (b) of the Hindu Marriage Act, 1955, the same may be availed by both the parties. 6. This Court, therefore, without interfering with the impugned Judgment and as per the prayer made on behalf of both the parties are granting liberty to the parties to make an application under Section 13 (b) of the Hindu Marriage Act, 1955 which is to be filed after completion of the period of two years which is going to be crossed shall be considered in accordance with law. 2025:JHHC:36596-DB 3 7. Accordingly, the instant appeal is disposed of with the aforesaid observation. (Sujit Narayan Prasad, J.) (Arun Kumar Rai, J.) Dated 4th December, 2025 P.K.S./Suman