Husband Gets Divorce After 23 Years Of Separation, Yet Ordered To Transfer Entire House To Wife As Alimony? Patna High Court Explains
Curated by NEWS DESK
Editorial DeskPATNA: The Patna High Court has granted a husband divorce after 23 years of separation, observing that the couple had effectively ended their marital relationship. The Court also directed the husband to transfer his entire household property to his wife as a full and final settlement of permanent alimony.
A Division Bench of Justice Bibek Chaudhuri and Justice Rana Vikram Singh delivered the judgment on 26 October 2026, allowing the husband's divorce appeal against a 2025 Family Court order.
Earlier, the Family Court had set aside an ex parte divorce decree granted to the husband and reopened the matrimonial dispute for a contested hearing. The husband challenged this decision before the Patna High Court.
During the hearing, the Court noted that the husband and wife had been living separately for 23 years, without any marital relationship. Neither party was willing to resume married life.
Considering their prolonged separation, the High Court observed that the couple had “virtually terminated” their relationship.
The Court found no alternative but to hold that both had deserted their respective spouses for this period.
The Bench further observed:
“We have no other alternative but to hold that both parties (husband and wife) have deserted their respective spouses for the last 23 years. Therefore, on the ground of long and uninterrupted desertion, the petitioner/appellant (husband) is entitled to get a decree for divorce.”
The High Court held that 23 years of continuous separation and the absence of any intention to resume cohabitation established the grounds for divorce on desertion.
Explaining the condition of the marriage, the Court stated:
“The parties have virtually terminated their relationship for the past 23 years,”
Regarding permanent alimony, the Court was informed that the wife had no independent source of income. The husband's advocate submitted that she had previously lived in his house but had later shifted to separate accommodation.
The husband offered to transfer his entire household property to his wife towards permanent alimony, and her advocate accepted the proposal on her behalf.
The Patna High Court granted divorce to the husband and directed him to execute the necessary property transfer documents within eight weeks.
The Court also instructed the advocates representing both parties to advise their clients to complete the transfer within the prescribed period.
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Importantly, the High Court clarified that transferring the husband's household property would constitute a “full and final settlement” of permanent alimony, bringing the long-running matrimonial dispute to a close.
EXPLANATORY TABLE OF LAWS AND SECTIONS
| Law / Section | What it means | Application in this case |
|---|---|---|
| Section 13(1)(ib), Hindu Marriage Act, 1955 | Desertion for at least two continuous years immediately before filing a divorce petition is a ground for divorce. | Relevant to the Court's finding of 23 years of uninterrupted desertion, if the marriage was governed by this Act. |
| Section 25, Hindu Marriage Act, 1955 | Allows the Court to award permanent alimony and maintenance, including a lump sum. | Relevant to the agreed property transfer as permanent alimony, subject to confirmation of the governing statute. |
| Order IX Rule 13, CPC, 1908 | Provides a procedure for setting aside an ex parte decree on specified grounds. | Relevant to the earlier ex parte decree being set aside, although the precise procedural provision used is unverified. |
| Section 19, Family Courts Act, 1984 | Governs appeals against eligible Family Court judgments and orders. | Relevant to the husband's challenge before the Patna High Court. |
CASE DETAILS
| Particular | Details |
|---|---|
| Case Title | Manoj Kumar Jha v. Rani Devi |
| Court | Patna High Court |
| Case Number | Miscellaneous Appeal No. 494 of 2025 |
| CNR Number | BRHC010618352025 |
| Date of Judgment | 26 October 2026 |
| Bench | Justice Bibek Chaudhuri and Justice Rana Vikram Singh |
| Appellant (Husband) | Manoj Kumar Jha |
| Respondent (Wife) | Rani Devi |
| Counsel for Husband | Mr. Bhola Kumar |
| Counsel for Wife | Mr Anupa Nand Jha |
| Previous Family Court Order | 25 April 2025, Family Court, Bhagalpur |
| Final Decision | Divorce granted in favour of the husband |
| Permanent Alimony | Transfer of husband's entire household property to wife |
KEY TAKEAWAYS
- Husband Gets Divorce After 23 Years: Patna High Court grants relief after decades of separation.
- Dead Marriage Cannot Be Forced: Neither spouse wanted to resume married life.
- Long Desertion Justifies Divorce: Court recognises 23 years of continuous separation as a ground for divorce.
- Husband Gives Entire Household Property: Property transfer accepted as full and final permanent alimony.
- 23 Years to End a Marriage: The case highlights how prolonged matrimonial litigation can delay a husband's legal closure.
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