2025:JHHC:13491-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No. 87 of 2024 ------ Puja Kumari, age about 21 years, wife of Rahul Kumar Vishwakarma, D/o Pradeep Munda, resident of village- Korra, P.O. + P.S.-Korra, Dist.- Hazaribag, Jharkhand, presently residing at Musan Saw Gali, P.O. + P.S.- Korra, Dist.- Hazaribag, Jharkhand. ... Petitioner/Appellant Versus Rahul Kumar Vishwakarma, age about 26 years, son of Jagdish Vishwakarma, resident of village-Korra, P.O. + P.S. – Korra, Dist. – Hazaribag, Jharkhand ... Respondent/Respondent CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE RAJESH KUMAR ------ For the Appellant : Mr. Santosh Kumar Soni, Advocate For the Respondent : Mr. Pradeep Kumar, Advocate ------ 07/Dated: 5th May, 2025 1. This appeal has been filed under Section 19 of the Family Courts Act, 1984 against the judgment dated 09.02.2024 and the decree dated 29.02.2024 passed in Original Suit No.250 of 2023 by the learned Principal Judge, Family Court, Hazaribag (in short, Family Judge) whereby and whereunder the suit/petition filed by the appellant- wife under section 27(1) (d) of Special Marriage Act, 1954 for dissolution of marriage, on the ground of cruelty, has been rejected by the learned Family Judge by dismissing the suit. 2. The matter was heard by a Co-ordinate Bench on 09.12.2024 and ordered to issue the notice to the respondent-husband. 3. The respondent-husband has appeared in the present proceeding and filed Vakalatnama. 4. It has been submitted by the learned counsel appearing for the 2025:JHHC:13491-DB 2 respondent-husband that a counter-affidavit has been filed on 02.05.2025, serving the copy of the same upon the learned counsel appearing for the appellant-wife. 5. It has been stated therein as has been pointed out by the learned counsel appearing for the respondent-wife that both the parties have been living separately and even no conjugal relationship has been established since their marriage, as such, the respondent-husband does not want to live with the appellant-wife. 6. It is also stated that there is no objection if the present appeal will be allowed by this Court. 7. Learned counsel appearing for the appellant-wife has submitted that in view of the specific submission made in the counter-affidavit, the marriage solemnized between both the parties may be dissolved by modifying the impugned judgment. 8. Learned counsel for the respondent-wife has submitted that appropriate order to that effect may be passed. 9. We have heard learned counsel for the parties and considered the findings recorded by the learned Family Judge in the impugned judgment. 10. The counter-affidavit has been filed in the present proceeding and the following statements have been made which is necessary to be referred herein. For ready reference, the same is being quoted hereinbelow: “4. That it is stated that since the marriage both the parties 2025:JHHC:13491-DB 3 have been living separately and even no conjugal relationship has been established between them since their marriage. 5. That it is stated that as both the parties have been living separately since their marriage and, hence, respondent also does not want to live with appellant. 6. That it is stated that respondent is having no objection, if the present appeal of appellant will be allowed by this Hon’ble Court.” 11. This Court is conscious that the decree for divorce, on the basis of the mutual consent is to be filed under Section 28 of the Special Marriage Act before the learned Family Court, Hazaribagh. 12. The said order can also be passed relegating the parties to approach before the learned Family Judge. 13. Learned counsel for both the parties have submitted that due to rejection of the suit filed for dissolution of marriage both the parties are suffering since they are not in a position to live their own independent life as per their wish. 14. It has also been submitted that the application under Section 28 of the Special Marriage Act can also be filed but the same will again be time consuming and, hence, if the respondent-husband is ready for dissolution of marriage as per the averments made in the counter- affidavit, the impugned judgment may be modified on the basis of the consent of the respondent-husband to which the appellant-wife is agreed too. 15. This Court, considering such submission, is of the view that instead 2025:JHHC:13491-DB 4 of asking the party to file an application under Section 28 of the Special Marriage Act which will be again time-consuming and not only that it will also the wastage of Court’s time in the circumstances wherein as per the stand, inter-alia, taken in the counter-affidavit by the respondent-husband. This Court, therefore, deems it proper to pass the order for dissolution of marriage of the parties by modifying the impugned judgment. 16. This Court, therefore, is of the view that the marriage between the parties solemnized on 28.06.2022 under the Special Marriage Act is to be dissolved on mutual consent of the parties, henceforth. 17. Ordered accordingly. 18. In the result, the impugned judgment dated 09.02.2024 and the decree dated 29.02.2024 passed in Original Suit No.250 of 2023 passed by the learned Family Judge is modified to the extent as aforesaid. 19. In view of the above, the instant appeal stands allowed to the aforesaid extent and disposed of as such. 20. Let a decree be prepared accordingly. 21. Pending I.As, if any, stands disposed of. (Sujit Narayan Prasad, J.) (Rajesh Kumar, J.) Samarth