MAHARANA DINKAR Vs. SABITA DEVI

JUDGEMENT

(1.) Maharana Dinkar whose marriage was solemnized with Sabita Devi on 28/4/1996 has challenged the judgment dtd. 12/2/2018 passed in Original Suit No. 461 of 2017 by which the aforesaid suit (hereinafter referred to as the divorce suit) has been decreed in favor of his wife by dissolving their marriage.

(2.) In the divorce suit which was filed under Sec. 13(1) (i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955, Sabita Devi (hereinafter referred to as the respondent) pleaded that the family members of her husband were not happy with the gifts given at the time of the marriage and they would pressurize her to engage herself in any job. She further pleaded that on 10/5/2012 she was ousted from her matrimonial home and since then she has been residing in a rented house at Bundu, Ranchi.

(3.) In the divorce suit which was filed on 11/7/2017, requisition for notice was filed on 29/7/2017 and, awaiting service report, the hearing in the suit was adjourned on 1/9/2017. From proceedings in the divorce suit it appears that without a report on service of summons upon the appellant a liberty was given to the respondent to take steps for substituted service through paper publication, which was promptly availed of by the respondent. Thereafter, the suit was set for exparte hearing by an order dtd. 15/1/2018 and the respondent examined three witnesses and then the matter was heard and fixed for judgment by an order dtd. 7/2/2018.