ASHOK KUMAR KASHYAP Vs. MEENA KUMARI

JUDGEMENT

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

(2.) This Miscellaneous Appeal has been preferred against the judgment and decree dated 2.3.2016 passed by the learned Principal Judge Family Court, Aurangabad, Bihar in Matrimonial Case No. 109 of 2011 by which and whereunder learned Principal Judge Family Court, Aurangabad, Bihar dismissed the suit filed by the appellant under section 13 of Hindu Marriage Act 1955 for divorce with litigation cost of Rs. 6000/-.

(3.) The appellant filed Matrimonial Case no. 109 of 2011 under section 13 of Hindu Marriage Act 1955 against the respondent for grant of decree of divorce against respondent on the ground of cruelty and desertion. The appellant pleaded in his plaint that his marriage was solemnized with respondent on 20.05.2003 according to Hindu rites and rituals and after marriage, he started leading his conjugal life with respondent but after two months of solemnization of marriage respondent changed her behaviour and she started creating several problems in the family. He tried to persuade the respondent but she became more aggressive and started assaulting and misbehaving with his old mother and father. He further pleaded that the respondent left his house on 01.07.2010 and started residing at her parental home. However, he tried to take her back but she refused to return to her matrimonial home and she filed Deo P.S.Case No. 12 of 2010 for the offences punishable under section 498A of the Indian Penal Code against him as well as his other relatives. The appellant further pleaded in his plaint that he got anticipatory bail in the above stated Deo P.S.Case No. 12 of 2010 and during pendency of hearing of anticipatory bail, the court tried to patch up the dispute but respondent flatly refused to lead her conjugal life with the appellant and taking note of the aforesaid circumstance, the learned court granted anticipatory bail to the appellant. The appellant further pleaded that on account of cruel behaviour of the respondent, it is not possible for the appellant to lead his conjugal life with the respondent. He further pleaded that in spite of the above stated developments, the appellant again went to the parental home of the respondent and tried to take the respondent back to her matrimonial home but the family members of respondent forcibly took the signature of appellant on several blank papers. The appellant on the basis of aforesaid pleadings sought a decree of divorce.