VISHAL KUMAR Vs. RICHA SAH

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the appellant. However, none appears on behalf of the respondent.

(2.) The present appeal has been filed under Sec. 19(1) of the Family Court Act, 1984 impugning the judgment dtd. 11/4/2017 passed by learned Principal Judge, Family Court, Kisanganj in Matrimonial Case No. 145 of 2012, whereby the matrimonial suit, preferred by the appellant-husband, for a decree of divorce, on dissolution of marriage, on the ground of cruelty and desertion, has been dismissed and a cost of Rs.5000.00 was imposed on the appellant-husband to be paid to the respondent-wife.

(3.) The case of the appellant-husband as per petition filed before the Family Court is that the marriage of the appellant-husband with respondent-wife was solemnized on 12/5/2009 at Kishanganj as per Hindu rites and rituals. Since the beginning of marriage, the behaviour of the respondent-wife towards the appellant-husband was not amicable as she was always creating nuisance for going "Naihar" (parental place) and she was pressurizing the appellant-husband to sell the property of Kishanganj and to settle at Gulabbagh, Purnea. The respondent-wife conceived in the year, 2010, she went to Gulabbagh and gave birth to one son Tejas on 15/9/2010. After birth of son, the respondent-wife returned back at Kishanganj in the month of January, 2011 and lived at Kishanganj and when she again conceived, she again pressurized the appellant-husband to go to her parents' place to give birth to second child and despite opposition by the appellant-husband, she left her matrimonial house at Kishanganj and went at her parents' place at Purnea on 14/8/2011 and since then, the respondent-wife deserted the appellant-husband. The appellant-husband made all his efforts to get the respondent-wife returned at her matrimonial house but all his efforts went in vein. The respondent-wife and other in-laws family members also threatened the appellant-husband to implicate in a false case if he does not agree for a permanent alimony. Hence, Matrimonial Case No. 145 of 2012 was filed for dissolution of marriage.