RADHA RAMAN SIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the petitioner, learned Additional Public Prosecutor appearing on behalf of the state of Bihar, and learned counsel appearing on behalf of the opposite party no.2.

(2.) The petitioner, being aggrieved by order dated 11.8.2008 passed in Cr. Appeal No. 241 of 2008 by learned Additional Sessions Judge-IV, Patna, affirming the judgment and order darted 22nd May, 2008 passed in Domestic Violence Case No. 9 of 2007 by the learned Judicial Magistrate, 1st Class, Patna, with some modification, has preferred the present revision application under sections 397 and 401 of the Code of Criminal Procedure, 1973, questioning the validity, correctness and propriety of the orders passed by the learned courts below.

(3.) It is admitted case of the parties that the petitioner had solemnized his marriage with opposite party no.2 on 18.6.1999 in accordance with Hindu rituals. According to the petitioner, unfortunately, opposite party no.2, from the very first day of her marriage, refused to co-habit with the petitioner and refused to have any physical relationship with him, despite all efforts made by him. Consequently, the petitioner filed Divorce Case No. 285 of 2000 before the learned Principal Judge, Family Court, Patna, seeking a decree of divorce from the opposite party no.2 primarily on the ground of cruelty, which is still pending before learned Additional Principal Judge, Family Court, Patna, for its final adjudication.