SALON LOMGA Vs. HANNA LOMGA

JUDGEMENT

(1.) Heard learned counsel for the appellant Mr. Yogendra Prasad and learned counsel Mrs. Shilpi Sandil Gadodia representing the respondent as a legal aid counsel.

(2.) By the impugned judgment dtd. 30/8/2016 and decree dtd. 9/9/2016 passed by learned Principal Judge, Family Court, West Singhbhum, Chaibasa in Original Suit No.14/2015 the Suit for dissolution of marriage under Sec. 10(ix) and (x) of the Divorce Act 1869 has been dismissed ex-parte since the respondent even after valid service of notice and through paper publication also did not appear to contest the Suit. The pleadings as made out in the plaint have therefore remained unrebutted. Appellant had adduced two witnesses: himself as P.W.2 and one Ishwar Lomga P.W.1 in support of his case. As per the pleadings of the Suit preferred by the petitioner/appellant herein, parties entered into marital relationship on 7/2/2012 at G.E.L. Church, Kadma (Khunti) and lived together for four days at the paternal place of the appellant at village Budungkel, P.O. Gudri, P.S. Sonuwa, District West Singhbhum as husband and wife. Thereafter without any rhyme or reason she left the place and has never returned despite efforts made by the plaintiff and their family members. There are no offspring born out of the wedlock. Appellant is employed in Indian Railways as a Clerk and is presently posted at Gujarat.

(3.) During pendency of this appeal also, even after valid service of notice through paper publication, the respondent did not appear. Thereafter, on inquiries made through the Secretary, DLSA, Khunti her application for legal aid was allowed and she has appeared in the present appeal. Learned counsel Mrs. Shilpi Sandil Gadodia the legal aid counsel nominated by the High Court Legal Services Committee is representing the respondent. Mediation exercise was undertaken during pendency of this appeal vide order dtd. 17/9/2020. However, mediation exercise failed as per the report of learned Mediator, JHALSA bearing no.1463 dtd. 21/10/2020. The appeal was admitted for hearing and lower court records were called for. During course of the hearing also, mediation exercise was held pursuant to the order dtd. 10/11/2022 passed by the Coordinate Bench of this Court. However, mediation exercise has again failed as per the report of learned Mediator, JHALSA bearing letter no.269A dtd. 19/1/2023.