LAWS(PAT)-2023-12-46

ALOK BHARTI Vs. JYOTI RAJ

Decided On December 18, 2023
Alok Bharti Appellant
V/S
Jyoti Raj Respondents

JUDGEMENT

(1.) Present Miscellaneous Appeal No. 205 of 2023 is arising out of Matrimonial (Divorce) Case No. 105 of 2019, on the file of the learned Principal Judge, Family Court, Vaishali at Hajipur by which appellant's petition for divorce under Sec. 13 1(ia) 1(ib) of the Hindu Marriage Act, 1955 is declined.

(2.) Brief facts of the case are that appellant-husband and respondent-wife married in terms of Hindu rites and customs on 29/11/2012. Out of their wedlock, respondent-wife gave birth to a male child on 9/11/2013. Till 4/6/2015/5/6/2015 they were living together. Appellant-husband at the relevant point of time was a Junior Engineer in the Maharastra State Power Generation Company Limited.

(3.) Respondent was also living with her husband at Mumbai for sometime. There were certain domestic issues mainly respondent-wife was not willing to live in husband's matrimonial home at village called Neem chowk, Tajpur, P.S- Tajpur, District-Samastipur, Bihar. Whereas, appellant and his parents were insisting respondent to stay in the aforementioned village to look after her in-laws. Further there were allegation against the husband-appellant and his parents and ten others, who are related or well wishers of husband. In this regard, criminal proceedings were initiated under Sec. 498 A and allied Ss. , Mahua P.S. Case No. 294 of 2016. During pendency of the criminal proceedings six names were dropped whereas, offences under Sec. 498 (A) and allied Ss. is still pending against appellant and his parents. Case for grant of maintenance under Ss. 125 of Cr.P.C proceeded against husband, it is still pending consideration before the various judicial forums.