BIJAY KUMAR SHARMA Vs. NEELU DEVI AND ORS.

JUDGEMENT

(1.) BY judgment, dated 25th July, 2012, and decree, dated 4th August, 2012, passed, in Title Suit (Matrimonial) No. 25 of 2006, the learned Principal Judge, Family Court, Munger, has dismissed the application made, under Section 13 of the Hindu Marriage Act, 1955, by the petitioner -appellant seeking dissolution of his marriage with respondent No. 1.

(2.) AGGRIEVED by the dismissal of his application, seeking dissolution of his marriage with respondent No. 1, this appeal has been preferred by the petitioner -appellant.

(3.) THE respondent No. 1 contested the divorce proceedings by filling her written statement, wherein she submitted, in brief, thus: Following her marriage with the petitioner, she had lived in her matrimonial house and four children were born in their wedlock; but after about 2 -3 years of her marriage, the petitioner started raising demand for motorcycle and coloured T.V. and, due to inability of her parents to meet the demands on account of their inadequate financial capacity, the petitioner started harassing her and, on 26.03.2006, the petitioner, his brother and his sister -in -law assaulted respondent No. 1 and caused injuries on her person. Left with no option, respondent No. 1 left her matrimonial home and lodged Naya Ram Nagar Police Station Case No. 34 of 2006 under Sections 498A/323/341/325/504/34 of the Indian Penal Code and started living at her parental house. In this regard, she has also submitted in her written statement that a non -bailable warrant had to be issued against the petitioner, but he has been absconding and threatening her with dire consequences unless the case is withdrawn and, as a pressure tactics, he has filed the petition, seeking divorce, making false allegations against her character and damaging thereby her image and reputation in the society. She has denied that she has had any illicit relation with respondent No. 2 or has had been living with respondent No. 2.