RAJESH BHOYALE Vs. MAHADEVI

JUDGEMENT

(1.) The present appeal is preferred under Sec. 19 of the Family Court Act, 1984 against the judgment and decree dtd. 27/3/2019 passed by the Link Family Court, Gwalior whereby the application preferred by the appellant/applicant/husband under Sec. 13(1)(iA) of Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") has been rejected.

(2.) Precisely stated facts of the case are that marriage of appellant and respondent was solemnized on 22/2/2004 according to Hindu Rites and Rituals. After marriage, respondent/wife insisted to live separately and in order to maintain domestic peace, after 6 months of marriage, appellant and respondent started living separately. Despite living separately, respondent/wife used to quarrel with appellant and left for her maternal home without any information. She did not take any interest in household work. Out of their wedlock two children born but due to negligence on part of wife, one child died and only one survived. Respondent/wife used to talk on mobile for hours together and used to move with unknown persons during late night in city. Thus, domestic incompatibility prevailed between the parties which led to filing of application under Sec. 13 of the Act seeking divorce.

(3.) One fact deserves mention is that respondent/wife did not appear in the trial Court and remained ex parte. That fact has been mentioned in para 5 of the judgment. Before this Court also, notice was issued for service of respondent through RAD mode earlier vide order dtd. 5/7/2019, but same returned unserved. Thereafter vide order dtd. 26/8/2019 process fee by RAD mode was directed to be given for service and same was received by the respondent but she did not prefer to appear, therefore, matter was heard in absence of respondent.