LAWS(PAT)-2019-12-29

SHIKHA PRIYADARSHNI Vs. NEERAJ KUMAR

Decided On December 06, 2019
Shikha Priyadarshni Appellant
V/S
NEERAJ KUMAR Respondents

JUDGEMENT

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

(2.) The appellant (hereinafter referred to as opposite party) has preferred this appeal against the ex-parte judgment and decree dated 22.04.2015 passed by learned Principal Judge, Family Court, Patna in Matrimonial Case No. 184 of 2012 by which and where under he decreed aforesaid Matrimonial Case No. 184 of 2012 filed by the respondent (hereinafter referred to as plaintiff) ex parte dissolving the marriage of opposite party with plaintiff passing decree of divorce.

(3.) The plaintiff filed the above stated Matrimonial Case No. 184 of 2012 for decree of divorce on 13.03.2012 on the ground of cruelty and desertion pleading in his plaint that his marriage was solemnized with opposite party on 01.06.2010 according to Hindu Rites and Rituals and after marriage, opposite party came to his house and started leading her married life with him as husband and wife but after five days of coming to his house, opposite party went to her parents' house on 13.06.2010 and thereafter, she never returned to the house of plaintiff though plaintiff took several efforts to take the opposite party back to his house. He further averred in his plaint that the opposite party falsely lodged criminal case vide Jehanabad P.S. Case No. 108 of 2011 against the plaintiff but even then the plaintiff went to the parental home of opposite party on 02.10.2010 with an object to take her back but he was badly assaulted by the opposite party as well as her family members and they threw the plaintiff from the roof as a result of which he sustained grievous injury and got treated himself.