SUDEEPTO SAHA Vs. MOUMITA SAHA

JUDGEMENT

(1.) The appellant, husband has preferred the present appeal under Sec. 28 of the Hindu Marriage Act, 1955 (herein after referred to as Act, 1955), challenging the judgment and decree dtd. 3/11/2014 passed by the XIVth Additional District Judge, Bhopal in R.C.S. No.11/20214 whereby the petition filed by the appellant for grant of decree of divorce was dismissed.

(2.) The notices of the present appeal were issued to the respondent by various modes and ultimately, the notices of the present appeal was ordered to be published in two newspapers having wide circulation in the area where the respondent resides, one in vernacular language and other in English Language vide order dtd. 7/7/2023 and the notices were published in newspaper, The Eco Of India, Kolkata on July 14, 2023 and in newspaper- Arthik Lipie (Bengali), Kolkata on July 14, 2023. Despite the publication of notices in two newspapers, no one appeared on behalf of the respondents on 11/9/2023, 3/10/2023, 10/10/2023, 31/10/2023, 2/1/2024 and on 3/1/2024 and consequently the matter is heard today finally in the absence of respondent.

(3.) The appellant filed an application under Sec. 13 of the Hindu Marriage Act for grant of decree of divorce in the court of XIVth Additional Sessions Judge, Bhopal on 25/3/2014 stating that marriage was solemnized on 12/7/2006 at Village Dasaghra P.S. Dhaniya Khali District Hoogli, West Bengal as per Hindu Rights and Rituals. According to the appellant, after marriage the respondent denied cohabitation with the appellant and there was no consunmation due to the denial of the respondent. It is alleged in the petition that the respondent disclosed to the appellant that her parents and relatives forced her to marry with appellant whereas she was having love affair with her boyfriend namely, Pintu Das and she requested appellant to hand over her custody to said Pintu Das. Thereafter, they came to Bhopal at their matrimonial house but there also she denied cohabitation and ultimately the appellant left Bhopal for USA on 28/7/2006 and during this period, the marriage was not consummated.