SEEMA KUMARI Vs. SUNIL KUMAR JHA

JUDGEMENT

(1.) The present Appeal arises from order dated 03.11.2006 passed by the Principal Judge, Family Court, Madhubani in Matrimonial Case No. 28 of 1997. The application for divorce filed by the respondent under Section 13 of the Hindu Marriage Act was allowed on the ground that there had been irretrievable breakdown of marriage coupled with desertion.

(2.) Notice was issued and validly served upon the respondent who had also entered appearance but no one appears on his behalf today.

(3.) Learned counsel for the Appellant submits that the plea of adultery raised by the respondent was disbelieved by the Trial Court. Cruelty was also held not to be established. In the circumstances, there was no occasion for the Trial Court to hold that there had been irretrievable breakdown of the marriage which is not a ground for divorce under the Hindu Marriage Act held in more than one judicial pronouncement. There is no finding with regard to desertion. A conclusion arrived at abruptly without any discussion. The respondent in his divorce petition alleged that the Appellant was short tempered and ill-behaved. She was hysterical at times. Her behaviour was indifferent. She did not adequately involve herself in domestic affairs of the kitchen. She visited Cinema Halls with her boyfriends and that he was denied physical relations. She would move around in Hotels and Cinema Halls leading an adulterous life having become a "Call Girl".