VIJAY BAHADUR SHARMA Vs. LALITA DEVI

JUDGEMENT

(1.) HEARD learned counsel for the appellant.

(2.) THIS appeal is directed against the judgment dated 26.4.2008 and decree dated 7.5.2008 passed by the Principal Judge, Family Court, Bhojpur at Arrah in Matrimonial Case No. 33 of 2005/ 204 of 2005 whereby and whereunder the application for divorce filed by the appellant has been dismissed.

(3.) THAT the further case of the appellant is that the behaviour of Respondent wife even during stay at Mohalla Jakkanpur did not make any improvement and she had ultimately on her own gone to her naihar in villager Pausar in October 1988 whereafter she did not return back despite repeated request though made by the appellant and in the meantime she had given birth to his daughter in 1990. The appellant has also alleged that the Respondent had filed a case for maintenance in 1994 and the learned magistrate had passed an ex -parte order under Section 125 Cr.P.C. in 1996 whose knowledge was acquired by the appellant only in May 2002 and thereafter he had filed an application for its recall on 15.05.2002 by taking a specific plea that he always was/is ready to keep respondent as his duly wedded wife with all respect but the Respondent remained adamant in staying separately at her Naihar with her mother and as such he was compelled to file the suit for divorce on 03.06.2005 on the ground of both cruelty and desertion.