JITENDRA KUMAR Vs. ANKITA SHARMA @ THAKUR

JUDGEMENT

(1.) Heard learned counsel for the appellant. The respondent-wife has not entered appearance, despite valid service of notice pre-admission and postadmission in this appeal.

(2.) By the impugned Judgment dated 25.5.2017 and decree dated 2.6.2017, passed by the learned Additional Principal Judge, Family Court, Dhanbad, in Title Matrimonial Suit No. 413 of 2016, the learned Addl. Family Court, Dhanbad has dismissed the suit, instituted by the petitioner/appellanthusband for dissolution of marriage with the respondent-wife on the ground of cruelty and desertion and also for not obeying the Judgment dated 18.6.2014 and the decree of restitution of conjugal right dated 25.6.2014, passed against the defendant earlier in Title Matrimonial Suit No. 177 of 2011 by the learned Principal Judge, Family Court, Dhanbad.

(3.) The respondent, despite valid service of notice and substituted service of notice by publication did not appear before the Family Court and was debarred from filing the written statement in Title Matrimonial Suit No. 177 of 2011, which was decreed ex-parte in favour of the plaintiff-husband for restitution of conjugal rights.