(Per: HONOURABLE MR. JUSTICE S. B. PD. SINGH)
Date : 02-07-2025
Heard learned counsel for the appellant. None
appears on behalf of the respondent.
2. The present appeal has been filed under Section
19 of the Family Court Act, 1984 impugning the judgment
and decree dated 19.07.2023 passed by learned Additional
Principal Judge, Family Court, Patna in Matrimonial
(Divorce) Case No. 1349 of 2021, whereby the
matrimonial suit, preferred by the appellant, seeking
dissolution of marriage, has been dismissed.
3. The case of the appellant as per petition filed
Patna High Court MA No.685 of 2023 dt.02-07-2025
before the Family Court is that the marriage of the
appellant with respondent was solemnized on 10.07.2016
as per Hindu Rights and Customs. After marriage, the
respondent came to the house of appellant and lived
together as husband and out of the wedlock, a male-child
was born on 18.09.2017. During stay at her matrimonial
house, the behaviour of the respondent with her husband
and other in-laws family members were not amenable and
she always misbehaved, humiliated and rebuked the
appellant-husband in presence of his parents and relatives
to lower down the reputation of the appellant. Ultimately,
the respondent left her matrimonial house on 04.04.2018
with all her ornaments and since then she has been staying
at her parental house. The appellant-husband made all his
efforts to reconcile the matter with the respondent-wife
but all his efforts went in vein. The appellant-husband has
also filed Matrimonial Case No. 611 of 2019 for
restitution of conjugal rights on 22.05.2019 in which
notices were issued and it was validly served to the
respondent but she preferred not to appear in the aforesaid
case. Instead, she has filed Maintenance Case No. 423(M)
Patna High Court MA No.685 of 2023 dt.02-07-2025
of 2019 before learned Principal Judge, Family Court,
Dhanbad. In the aforesaid case, the appellant-husband is
paying Rs. 10,000/- per month to the respondent-wife and
child for their maintenance. The appellant, therefore,
prayed that the marriage between the appellant and
respondent be declared dissolved and a decree of divorce
be passed in his favour.