KRISHNA KUMAR Vs. KAVITA KUMARI

JUDGEMENT

(1.) The instant appeal under Sec. 19(1) of the Family Courts Act, 1984 is directed against the order/judgment dtd. 25/11/2023 passed by the learned Additional Principal Judge, Additional Family Court-II, Ranchi in Original Suit No. 280 of 2019, whereby and whereunder, the learned court has dismissed the suit in the light of Sec. 13(1)(i)(i-a) of the Hindu Marriage Act, 1955.

(2.) The brief facts of the case as per the original matrimonial suit needs to be referred herein as under:

(3.) It is evident from the factual aspect as referred hereinabove which led to filing of the present appeal that, as per the Original Matrimonial Suit, the appellant/petitioner Krishna Kumar married with opposite party Kavita Kumari and started living together. After some time of the marriage, the opposite party No. 1 gave an application to the Mahila Police Kotwali, Ranchi which has withdrawn by the opposite party No. 1 after giving written withdrawal application. Thereafter, having quarrel with appellant/petitioner, OP No.1 left her in-laws house and went to her maika, thereafter, the appellant/petitioner went to his in-laws house for bringing his wife but the in-laws refused to send her. During this period, the respondent no.1 got pregnant and delivered a child. The appellant/petitioner again went to his in-laws' house to bring the respondent no.1 back to the matrimonial house but she did not come. It is the case of the appellant/petitioner that his wife was having illicit relationship with one Deepak Patel @ Deepak Kumar Sahu and he had seen his wife along with the said person in a room.