RICHA KUMARI Vs. ANAND KUMAR

JUDGEMENT

(1.) The present appeal is directed against the ex parte judgment dtd. 24/5/2022 and decree dtd. 6/6/2022 passed in Matrimonial (Divorce) Case No. 264/2017 by the Court of learned Principal Judge, Family Court, Vaishali at Hajipur, whereby and whereunder the learned trial court has allowed the divorce petition filed by the respondent on the ground of desertion, cruelty and adultery.

(2.) Briefly stated facts of the case is that marriage of appellant and respondent took place on 3/3/2011 and after marriage both started leading conjugal life. It is asserted that appellant/wife started residing separately since June, 2011. It is further alleged that appellant filed Mahnar P.S. Case No. 129 of 2012 under Ss. 498A, 406 of the IPC. It is further averred that since the year 2011, no conjugal relation has been stated to be established between the appellant/wife and respondent/husband. It has been claimed by the respondent that earlier Divorce Case No. 221 of 2013 has been withdrawn which was filed on account of non-cooperative attitude of the appellant for leading conjugal life. The appellant filed several cases against the family members of the respondent on the basis of wrong and fabricated facts. The appellant was mentally ill and she has been treated at Ranchi and because of mental illness, she became aggressive and the respondent has levelled the allegation of cruelty, desertion and adultery against the appellant. It is further alleged that appellant did not appear even after service of notice.

(3.) Learned counsel for the appellant submitted that impugned judgment and decree has been passed in Matrimonial (Divorce) Case No. 264 of 2017 in most casual and perfunctory manner against the weightage of evidence and thus is unsustainable and the same is without having spirit of law. Learned counsel further submitted that respondent has falsely alleged several allegation against the appellant and thereafter learned Family Court issued notice to the appellant but respondent has mentioned wrong address in the envelope as Anant Kumar Singh, resident of village-Behab Deorhi, P.S. Supaul, District-Purnea in place of Bhabua Deorhi, P.S. Rupauli, District-Purnea and accordingly, notice was not served upon the appellant because address of the appellant has wrongly been mentioned by the respondent-husband with malice intention. Learned counsel further submitted that Family Court without giving opportunity of hearing, the appellant proceeded to initiate ex parte proceeding. Learned counsel further submitted that impugned judgment reveals that during course of ex parte hearing, three witnesses have been examined on behalf of the respondent/husband. They are PW-1/respondent-husband himself, PW-2/Abhishek Kumar and PW-3/Anil Kumar Singh (father of the respondent). Learned counsel further submitted that impugned judgment has been passed on the ground of desertion, cruelty and adultery but the said ingredients have not been supported by the deposition of witnesses and without giving proper opportunity for contesting the case, matrimonial dispute should not be adjudicated and no witness has been produced on behalf of the appellant. There is nothing on record to prove the ground of cruelty, desertion and adultery.