SWETA BIRENDRA KUMAR SINGH Vs. BIRENDRA KUMAR SINGH

JUDGEMENT

(1.) We have heard the parties and perused the records of this case.

(2.) This appeal has been preferred against the judgment dated 22.09.2015, passed by the Principal Judge, Family Court, Muzaffarpur in Matrimonial Case No.26 of 2012 by which the aforesaid matrimonial case for grant of decree of divorce under Section 13 of the Hindu Marriage Act, 1955 was dismissed.

(3.) It appears from the order sheet of the case that the petitioner-appellant had led her evidence in support of her claim and the evidence of the respondent-husband was initially closed as he was not appearing on the date fixed. However, the said order was recalled subsequently on 22.05.2015 upon payment of a cost of Rs.200/-. The matter was again fixed on 16.07.2015. On that day, the opposite party-respondent was present along with his witness. However, on behalf of the petitioner-appellant attendance was filed by her Pairwikar upon which she was directed to remain present on 20.08.2015. On 20.08.2015, the petitioner-appellant did not appear in-person and the matter was again posted on 22.09.2015. Thereafter, on the aforesaid date, the case was dismissed for default considering that the appellant did not appear on last several dates. It is recorded that though the opposite party appeared physically, the appellant was absent on three consecutive dates. However, the petitioner-appellant was granted liberty to file miscellaneous case for restoration of maintenance case.