Supreme Court – Daily Orders
Ashok Kumar @ Ashok Kumar Yadav vs The State Of Bihar on 19 August, 2025
Author: Pankaj Mithal
Bench: Pankaj Mithal
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ITEM NO.1 COURT NO.8 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No. 3134/2024
[Arising out of impugned final judgment and order dated 13-02-2024
in CRLM No. 30813/2023 passed by the High Court of Judicature at
Patna]
ASHOK KUMAR @ ASHOK KUMAR YADAV PETITIONER(S)
VERSUS
THE STATE OF BIHAR & ANR. RESPONDENT(S)
[MEDIATION REPORT RECEIVED].
(IA No. 55186/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No. 55187/2024 - EXEMPTION FROM FILING O.T.)
Date : 19-08-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE PANKAJ MITHAL
HON'BLE MR. JUSTICE JOYMALYA BAGCHI
For Petitioner(s) Mr. Amit Pawan, AOR
Ms. Shivangi Singh Rawat, Adv.
Mr. Hassan Zubair Waris, Adv.
Ms. Aastha Shrestha, Adv.
Mr. Suchit Singh Rawat, Adv.
For Respondent(s) Mr. Anshul Narayan, Addl. Standing Counsel, Adv.
Mrs. Vineeta Singh, Adv.
Mr. Ashutosh Chaturvedi, Adv.
Mr. Prem Prakash, AOR
Mr. Jugul Kishor Gupta, AOR
Mr. Vinay Kumar Aherodiya, Adv.
Ms. Niharika Kashyap, Adv.
Mr. Vasim Akhter, Adv.
Mr. Alok Singh, Adv.
Mr. Ankit Borker, Adv.
Signature Not Verified
Mr. Md. Naushad Alam, AOR
Digitally signed by
SNEHA DAS
Date: 2025.08.21
16:47:23 IST
Reason:
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UPON hearing the counsel the Court made the following
O R D E R
1. Heard learned counsel for the parties.
2. The respondent No.2-wife is present in-
person.
3. This is a matrimonial dispute arising out of
proceedings pursuant to Criminal Complaint filed
under Sections 323 and 498-A of the Indian Penal
Code, 1860. The quash petition filed by the
petitioner-husband has been dismissed by the High
Court.
4. During the course of proceedings before this
Court, the only dispute which was raised between
the parties was with regard to alimony. They had
agreed to settle all other matters if appropriate
alimony is fixed and paid to the respondent-wife.
This is reflected from one of the orders dated
18.07.2025.
5. The husband had offered to pay a permanent
alimony of Rs.30,00,000/-(Rupees thirty lakhs) in
lump sum and was ready and willing to increase it
reasonably.
6. The respondent-wife was given time to
respond to the aforesaid offer. She is present in
Court and she submits that she would like to have
permanent alimony of about Rs.45,00,000/-(Rupees
forty-five lakhs) and a house at Patna.
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7. The demand so made by her is ex facie
unreasonable.
8. Learned counsel for the petitioner has
agreed to pay permanent alimony of Rs.40,00,000/-
(Rupees forty lakhs). He has also moved an
application being I.A. No. 164606 of 2025 under
Article 142 of the Constitution of India so that
the Court may exercise its discretionary
jurisdiction and in order to do complete justice
between the parties, may pass a decree of divorce
so that all litigation between the parties may come
to an end.
9. Admittedly, the parties are living
separately since 2018 and there is no conjugal
relationship between them since 2012.
10. In the facts and circumstances, we consider
it appropriate to exercise our jurisdiction under
Article 142 of the Constitution of India and direct
for drawing a decree of divorce in Matrimonial
(Divorce) Case No. 922 of 2021, titled as “Ashok
Kumar @ Ashok Kumar Yadav Vs. Kalpana Kumari”,
pending in the Court of Principal Judge, Family
Court, Patna, Bihar, subject to the petitioner-
husband paying a lump sum alimony of Rs.40,00,000/-
(Rupees forty lakhs) towards all her claims.
11. The aforesaid amount shall be deposited by
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the petitioner in four monthly instalments of
Rs.10,00,000/-(Rupees ten lakhs) each payable by
10th of every month. The first instalment shall be
payable by 10th September, 2025.
12. The decree shall be drawn only when the
entire payment is made and proof thereof is
submitted to the Family Court.
13. All other proceedings/cases between the
parties shall stand closed namely;
i. FIR No. 265 of 2022, registered at Rajiv
Nagar Police Station, Patna;
ii. Complaint Case No. SC/ST 147/2022, titled as
“Kalpana Kumari Vs. Ashok Kumar and Ors.”;
iii. Maintenance Case No. 131 of 2022, titled as
“Kalpana Kumari Vs. Ashok Kumar @ Ashok Kumar”,
pending in the Court of Principal Judge(Family
Court), DJ Div. Siwan, Bihar and;
iv. Criminal Case (P) No. 1150 of 2022, filed by
the Respondent-wife, titled “Kalpana Kumari Vs.
Ashok Kumar Yadav”, pending before the Court of
Judicial Magistrate I Class-Cum-Addl. Civil Judge
(Jr. Division)-X, Siwan, Bihar.
14. In the event of default in payment of any of
the instalments, the benefit of this order shall
cease to operate.
15. The application being I.A. No. 164606 of
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2025 is allowed and the special leave petition
stands disposed of in the above terms.
16. The Registry shall inform the respective
Courts about this order where the proceedings are
pending in the aforesaid cases.
17. Pending application(s), if any, shall stand
disposed of.
(SNEHA DAS) (NIDHI MATHUR) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)