RAJEEV KUMAR Vs. ARTI KUMARI

JUDGEMENT

(1.) The present appeal has been directed against the order dtd. 12/3/2018 passed in Divorce Case No. 38 of 2017 by the Principal Judge, Family Court, Begusarai by which the prayer for divorce under Sec. 13(1)(1-a)(1-b) of the Hindu Marriage Act has been held to be not maintainable and dismissed.

(2.) Briefly stated facts of the present appeal is that the appellant's marriage was solemnized with respondent on 5/5/2013. Thereafter, respondent came with appellant at her matrimonial home where respondent lived well for five days. Thereafter, respondent's brother and other relatives took her to parental home. It is asserted that while going to her parental home, respondent took away expensive articles, ornaments and clothes. It has been averred in the divorce petition that appellant went to matrimonial home to bring his wife back but respondent has taken excuses not to join matrimonial home at one pretext or another. Appellant tried his level best to bring respondent back but lastly respondent replied to appellant that her parents solemnized the marriage against her will and there was no match between both the family. Appellant tried to convince the respondent/wife to lead conjugal life as husband and wife but respondent was not ready to return back. It is asserted that whenever appellant went to bring the respondent/wife back, her mother tortured him mentally and reproached that appellant's house is in village, he is unemployed and dependent on his parents and appellant has no capacity to satisfy respondent economically. It was told by the respondent that her living standard is high and she could not lead her life as appellant was earning a sum of Rs.2500.00 3000/- per month and the said earning is not sufficient to maintain respondent. The desire of respondent is that appellant should leave his house and parents and to reside at the father's house of the respondent which was totally opposed by appellant. Appellant tried to pacify the respondent but she did not ready to pay heed on the said matter. When the respondent went to her father's house after five days of marriage, appellant went to father's house of respondent, but respondent denied physical satisfaction, thereby, appellant was being deprived to lead conjugal life with his wife/respondent. It is stated in the divorce petition that on 10/5/2014, appellant went to respondent's house alongwith his father and well wisher and Panchayati was held alongwith all the dignified and intellectuals of the society but respondent as well as her mother and brother were not ready to obey the decision of the Panchayat. It is alleged that appellant, his father and relatives were misbehaved by them and thereafter appellant alongwith his father and relatives returned back. On 23/5/2014, legal notice has been sent to the respondent/wife by way of registered post but respondent neither gave reply to the legal notice nor did she come to matrimonial home till today. Even after giving legal notice to the respondent, the appellant went to father's house of the respondent and tried to bring his wife back but appellant has been threatened to break the relationship otherwise appellant and his family members would be falsely implicated in case and their life would be ruined. It is submitted that for five days of marriage, appellant did not spend conjugal life as respondent continuously residing at her father's house. It has been asserted that finally on 11/5/2013, respondent left the appellant and went to her father's house for all the time and now appellant is left alone and he is being deprived from conjugal life and appellant faced respondent's cruel behavior. Lastly, appellant has suspicion that respondent has bad character and illicit relation with other person as a result of which conjugal life of appellant is not materialized for these many years.

(3.) Learned counsel for the appellant submits that neither notice has been issued to opposite party/respondent in the present case nor any issue has been framed and without examining witnesses on behalf of the appellant or opposite party, the learned Principal Judge, Family Court, Begusarai dismissed the matrimonial suit as not maintainable.