SANJIV AGARWAL Vs. SUMAN AGRAWAL

JUDGEMENT

(1.) The petitioner-appellant has preferred this appeal against the Judgment dated 26.11.2011 passed by the learned Principal Judge Family Court, Ranchi, in Title Matrimonial Suit No. 40 of 2011 whereby the Principal Judge dismissed the petitioner-appellant's suit filed under Section 13(i-a) of the Hindu Marriage Act, 1955.

(2.) The case in brief is that the marriage between the petitionerappellant and the defendant-respondent party was solemnized on 25.02.2008 as per Hindu rites and custom at Digambar Jain Mandir, Harmu Road, Ranchi. It is stated that after the aforesaid marriage, the defendant-respondent was taken to the house of the petitionerappellant where the marriage was consummated. It is stated that immediately after some times of the marriage, the defendantrespondent started creating mischief and started going here and there without the consent of the appellant and without giving proper information of her whereabouts to the appellant. The appellant tried pacifying things but all in vain. It is stated that thereafter the defendant-respondent knowingly and intentionally often and on started keeping her away from the house of the appellant which was of course cause of concern for the appellant. It is stated that the appellant from the neighbours, came to know that she was often seen with other person where upon the appellant coolly tried to pacify the matter but she always shown her arrogance and paid no heed to the request of the appellant. It is stated that whenever the appellant tried to pacify the things in a cool and healthy atmosphere, she offered divorce and separation. It is stated that in the above circumstances, it is not feasible for the appellant to continue the marital relationship with the defendant except divorce. It is stated that due to aforesaid attitude and acts of the defendant, he is suffering form grave mental agony and distress and facing humiliation in public at large.

(3.) The petitioner appellant filed the suit on 10.02.2011 which was admitted on 22.02.2011. Thereafter, the notice was issued and ultimately notice was published in the daily news paper "Hindustan" dated 14.06.2011 but the defendant did not appear to contest the suit. The Suit was fixed for ex-party hearing. Petitioner-appellant examined three witnesses including himself as (P.W.3). P.W.1 is Tapendar Singh and P.W.2 is Sanjay Kumar, no document was filed on behalf of the petitioner- appellant.