VISHAL ANAND Vs. SHOBHA SRIVASTAVA

JUDGEMENT

(1.) passed by the learned Principal Judge, Family Court, Munger in Matrimonial Case No. 66 of 2015, whereby and whereunder the matrimonial case filed by the appellant for dissolution of marriage with the respondent has been dismissed.

(2.) Briefly stated the fact of appellant's case is that both parties were well acquainted with each other prior to the date of marriage. It is claimed by the appellant that on 7/7/2018, the marriage was solemnized as per Hindu rites and customs at Ashok Dham, Lakhisarai with the respondent and during course of happy conjugal life, one son was born out of their wedlock and after some times matrimonial disharmony started. The appellant has tried his best to reconcile his matrimonial life, but respondent had expressed disrespect towards the appellant and his mother. On 17/4/2013, the respondent fell ill and during course of illness, the appellant asked his mother to render best services to respondent. But, on 21/4/2013 she rudely behaved with the mother of the appellant and began to abuse the appellant and his family members and she left the matrimonial home by saying that she will never return back and she took away all her belongings and son. It is further claimed by appellant that he gave information on 22/4/2013 in the Court of learned C.J.M., Patna that aforesaid occurrence has taken place at Dayanand Complex, Flat No. 303, Gosain Tola, Nehru Nagar, P.S. Patliputra, District-Patna. Since then the respondent is living with her mother at Munger. The respondent also brought the criminal case against the appellant and his family, but she failed to succeed in the said criminal complaint and she did not approach to higher Court. It is claimed by appellant that he tried his best to get the custody of his son, but the same was, vehemently, opposed by the respondent. Finally, it is averred in the petition that on 6/3/2015, appellant approached respondent for amicable settlement and he made a promise that he would maintain the respondent and her child. Despite being the best efforts taken by the appellant, no reciprocity was found from the side of respondent. Hence, the case has been filed.

(3.) Pursuant to the notice, respondent appeared and Court has taken effort for amicable settlement between both the parties but of no avail.