(1.) Heard learned counsel for the appellant as well as learned counsel appearing for the respondent.
(2.) This miscellaneous appeal has been preferred against the impugned judgment dated 5.7.2017, passed by the leaned Principal Judge, Family Court, Muzaffarpur in Matrimonial (Divorce) Case No. 441 of 2014 against the respondent under section 13 of the Hindu Marriage Act, 1955 on the ground of cruelty, desertion and ill behaviour.
(3.) Notice was issued to the respondent by Family Court but in spite of issuance of notice and its publication in the daily newspaper, respondent did not appear before the Family Court in order to contest the said matrimonial case. As a result whereof, the learned Family Court proceeded ex-parte against the respondent and subsequently, after recording the evidence of the appellant, learned Family Court passed the impugned judgment dated 5.7.2017 which is under challenge before this Court.