(1.) THIS appeal arises from a judgment and decree passed in a matrimonial case filed by the husband Deo Kumar sah for divorce from his wife Anjali Kumari sah by 4th Addl. Dist. Judge, Madhubani in Divorce Case No. 6/1993 by which the matrimonial suit for divorce has been dismissed ex parte.
(2.) BEFORE proceeding with the judgment, i may state that the Family Court was constituted in the district of Madhubani by memo No. 1889, dated 8-7-2006 and as such this appeal has been filed under Section 28 of the Hindu Marriage Act.
(3.) THE plaintiff filed an application under section 13 of the Hindu Marriage Act claiming that his wife Anjali Kumari had deserted him and also claimed divorce on the ground of adultery and the mental imbalance of his wife.