BHOLA KUMAR Vs. SEEMA DEVI

JUDGEMENT

(1.) This is an appeal, under S. 15 of the Family Courts Act, 1984, challenging the judgment and decree, dated 7th July, 2012, passed by learned Principal Judge, Family Court, Munger, in Title Suit (Matrimonial) No. 01 of 2008, whereby and whereunder the learned Principal Judge has dismissed the suit on contest, the suit having arisen out of matrimonial dispute seeking, under S. 3(1)(i)(i-a) (sic) 13(1)(i), (ia) of the Hindu Marriage Act, 1955, a decree of divorce. The appellant-husband herein was the petitioner before the Court below.

(2.) The matter has been placed for hearing under O. 41, R. 11 of the C.P.C. and is being disposed of, finally, at this stage itself.

(3.) From the impugned judgment and decree, it would appear that the appellant and respondent were married as per Hindu rites and customs on 12-5-2003. In his petition, seeking divorce under S. 3(1)(i)(i-a) (sic) 13 (1)(i), (ia) of the Hindu Marriage Act, the applicant alleged that the behaviour of respondent-wife, from the very first day of their marriage, had been quite abnormal and despite the appellant's best efforts, the respondent did not mend her ways. He alleged that he suspected that the respondent had been having and maintaining illicit relationship with many persons and despite the fact that the appellant had no sexual contact with the respondent since March, 2007, their last cohabitation being on 16-2-2007, he learnt that respondent-wife was carrying pregnancy of 5 to 6 months. It further transpires from the order under appeal that the appellant further alleged that the respondent had earlier refused to come back to matrimonial home and, thus, deserted the petitioner.