The Patna High Court has dismissed a husband’s appeal seeking divorce on allegations of adultery and desertion, holding that vague accusations unsupported by specific pleadings or evidence cannot become grounds for dissolving a marriage.
A division bench of Justice Nani Tagia and Justice Alok Kumar Pandey upheld the Family Court’s earlier order refusing divorce to the husband, Shyam Bihari Mishra.
Background of the Case
According to the husband, the marriage with Sanju Devi was solemnised in March 2003 under Hindu customs. He claimed that the relationship remained cordial for around two years, after which his wife allegedly started behaving differently and frequently visited markets without informing family members.
The husband further alleged that on October 15, 2012, he saw his wife returning from a cinema hall with another man. Based on this, he approached the Family Court seeking divorce on grounds of adultery and desertion. The wife did not appear before the Family Court despite notices, and the matter proceeded ex parte.
However, the Family Court dismissed the divorce petition in 2019, observing that the allegations were not properly proved.
While hearing the appeal, the High Court closely examined the pleadings and evidence placed by the husband and his witnesses. The bench noted that the allegations against the wife lacked basic details such as specific dates, places, and clear particulars of the alleged relationship.
The Court observed that even the alleged paramour was not made a party in the proceedings.
“The allegation is quite vague,” the bench noted while pointing out that the husband had failed to mention concrete facts regarding the alleged affair for the period between 2003 and 2012.
The judges also found inconsistencies in the husband’s case. While the divorce petition referred generally to “paramours,” during evidence the husband introduced the name of one person, Dhananjay Tiwary, though this detail was absent from the original pleadings.
The High Court stressed that courts cannot grant relief on facts that were never properly pleaded in the petition itself.
Relying on several Supreme Court rulings, the bench observed,
“No amount of evidence can be looked into upon a plea which was never put forward in the pleadings.”
The Court explained that pleadings are necessary so that both parties clearly understand the allegations and can respond appropriately during trial. Evidence introduced beyond those pleadings cannot be relied upon for granting relief.
The judges further noted that the husband’s allegations appeared to be based largely on suspicion and assumptions rather than concrete proof.
Finding no error in the Family Court’s reasoning, the High Court dismissed the appeal and affirmed the earlier judgment refusing divorce. The bench held that the husband had failed to establish adultery or desertion through legally acceptable pleadings and evidence.
Case Details:
Case Title: Shyam Bihari Mishra v. Sanju Devi
Case Number: Miscellaneous Appeal No. 92 of 2020
Judges: Justice Nani Tagia and Justice Alok Kumar Pandey
Decision Date: May 4, 2026
