ARUN KUMAR SINGH Vs. NIRMALA DEVI

JUDGEMENT

(1.) The present appeal has been filed impugning the judgment and order dtd. 31/7/2017, passed in Title Suit (Divorce) Case No. 14 of 2014, by Ld. Principal Judge, Family Court, Sheikhpura, whereby the petition of the Appellant-Plaintiff filed for divorce under Sec. 13 of the Hindu Marriage Act, 1955, has been dismissed on contest.

(2.) ***

(3.) On notice, the Respondent-Defendant-wife appeared before the Family Court and filed her written statement, wherein she had admitted that her marriage was solemnized with the Appellant-Plaintiff in the year 1978 and out of wedlock, one daughter, namely, Rimjhim Kumari was born. It is also averred in her written statement that prior to 2004, her pregnancy was got terminated by the Appellant husband against her will. It is also averred in the written statement that the Appellant husband had performed second marriage in year 2004 on his own, whereas she wanted to live with him. It is also admitted that she has filed two criminal cases against her husband for cruelty committed by him. It is also admitted that it is true that as per the order of this Court dtd. 10/9/2012, petition for divorce with mutual consent was to be filed after marriage of her daughter Rimjhim Kumari. However, the Appellant-husband filed divorce petition in the Court of Ld. District Judge, Munger without consent of Respondent-wife. She came to know about the divorce petition after she filed Maintenance Case No. 28M of 2011. She had also claimed that to avoid payment of maintenance to her, the present petition for divorce has been filed.