BHARAT PRASAD GUPTA Vs. ASHA DEVI

JUDGEMENT

(1.) The present appeal has been filed impugning the Judgment dtd. 20/9/2018 passed by Ld. Principal Judge, Family Court, West Champaran at Bettiah in Divorce Petition No. 117 of 2018 / CIS No 78 of 2013 whereby the petition of the appellant filed under Sec. 13 of the Hindu Marriage Act has been dismissed on contest.

(2.) The case of the Appellant/Plaintiff as per the pleading is that the marriage between the Appellant/Plaintiff and the Respondent-Wife was solemnized on 28/5/2005 as per Hindu rites and customs and out of the wedlock two female children Khusi Kumari and Anchal Kumari are born, who were, at the time of presentation of the petition, five years and three years of age respectively.

(3.) On notice, the Respondent-Wife, who was Defendant before the Family Court, appeared and filed her written statement denying the allegation as made by the Appellant against her. Instead, she claimed that after birth of two female children, the Appellant/Husband and his family members became inimical to her and began committing cruelty against her for motorcycle in dowry and on 1/6/2012, she was ousted from her matrimonial home and since then she has been living at her Maike and her life has become hell. It is also claimed by the Respondent-Wife that the Appellant/Husband never tried to pacify the matter and never visited her Maike. She further claimed that false allegations have been leveled against her to get divorced. It is also claimed by the Respondent-Wife that her relative tried to pacify the matter on several occasions but all went in vain.