PANKAJ KUMAR, SUKDEO SINGH Vs. KUMARI RINKU

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant as well as learned counsel appearing for respondent and perused the record.

(2.) This miscellaneous appeal, under Section 19(1) of the Family Court's Act, 1984, has been filed against the impugned order, dated 20.08.2015, passed by Principal Judge, Family Court, Muzaffarpur in Matrimonial (Divorce) Case No. 212 of 2014, by which and whereunder, learned Principal Judge, Family Court, Muzaffarpur dismissed the aforesaid Matrimonial (Divorce) Case No. 212 of 2014 filed on behalf of the appellant.

(3.) The appellant (hereinafter referred to as 'Applicant') filed above stated Matrimonial (Divorce) Case No. 212 of 2014 against respondent (hereinafter referred to as 'Opposite Party') under Section 13 of the Hindu Marriage Act on the ground of desertion, cruelty and adultery, pleading therein that his marriage was solemnized with opposite party on 17.06.2012 at village Amaitha, P.S.- Saraiya, District - Muzaffarpur and after solemnization of marriage, they started leading their married life as husband and wife. He, further, pleaded that after one month of the marriage, he went to Jalandhar in connection with his livelihood whereas opposite party remained at village with his parents. He, further, pleaded that near about after one year, he got information through his father that the opposite party developed intimacy with one Ganaur Pandit his co-villager and after getting the aforesaid information, the applicant returned to his home and advised the opposite party not to meet with Ganaur Pandit but opposite party straight way refused to follow the aforesaid advice of the applicant. He, further, pleaded that the opposite party started misbehaving with him and hurling filthy language to him saying that he has no capacity to sexually satisfy her. Furthermore, he pleaded that the aforesaid Ganaur Pandit as well as opposite party several times abused him and on 07.06.2014, he found opposite party and aforesaid Ganaur Pandit in a room and when the room was opened in presence of co-villagers, he found the opposite party with Ganaur Pandit in compromising position.