SUBHASH CHANDRA JHA Vs. ARCHANA

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent.

(2.) The present Miscellaneous Appeal is directed against the judgement and decree dtd. 26/7/2013 passed by the learned Principal Judge, Family Court, Katihar in Matrimonial Case No. 53 of 2005, whereby the matrimonial suit for decree of divorce on dissolution of marriage between the appellant and the respondent, has been dismissed on contest, however, without costs.

(3.) The marriage between the appellant husband and the respondent wife performed on 6/7/2003 at Katihar according to Hindu rites and ceremonies, is admitted. The respondent wife was not ready to reside at the husband's place, hence, the appellant husband was compelled to file Matrimonial Case No. 50 of 2005 for restitution of conjugal rights. However, subsequently, the appellant husband withdrew the said matrimonial case on 15/7/2004, as the appellant was given assurance of bidagiri. Thereafter, the respondent wife came to the appellant husband's house but she began threatening the appellant over trivial and petty issues. The respondent wife also used to insult the retired ailing father, old mother and handicapped brother of the appellant husband. The respondent also used to quarrel and abuse the appellant causing great mental pressure and humiliation. Hence, the appellant husband filed Matrimonial Case No. 53 of 2005 for a decree of divorce on dissolution of marriage on the ground of desertion and cruelty.