DEEPAK KUMAR SINGH Vs. GAURI DEVI

JUDGEMENT

(1.) We have heard learned counsel for the appellant. No one has appeared on behalf of the respondent despite valid service of notice. The present appeal arises from order dated 8.6.2009 dismissing Matrimonial Case No.59/07, passed by the Principal Judge, Family Court at Darbhanga. The appellants application for divorce was dismissed. Learned counsel for the appellant submits that the order under appeal does not adequately consider and discuss why the grounds urged with regard to the conduct of the respondent were not acceptable to the Family Court and only the case made out in defence by the respondent has been believed. In absence of any proper discussion and consideration of the grounds urged in support of divorce, the order under appeal is bad without furthermore.

(2.) The respondent left the matrimonial home without just cause. Her conduct was not conducive to matrimonial life as she was mentally dull and was unable to perform routine duties as a house wife. The criminal prosecution filed by her under Section-498A and 323 I.P.C. and Section-3/4 of Dowry Prohibition Act has been quashed by this Court in Cr. Misc. No.18664/09.

(3.) The persistent refusal of the respondent to even appear for reconciliation as attempted by this Court also leaves the marriage virtually dead and no purpose is going to be served by continuation of a facade of marriage. We have considered the submissions on behalf of the appellant as also perused the original records.