LAWS(JHAR)-2016-11-56

TARUN KUMAR Vs. SMT. JAGRITI DEVI

Decided On November 28, 2016
TARUN KUMAR Appellant
V/S
Smt. Jagriti Devi Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent.

(2.) This appeal is directed against the Judgment and Decree dated 14.8.2014 passed by learned Principal Judge, Family Court, Jamshedpur, in Matrimonial Suit No. 376 of 2013, whereby the matrimonial suit filed under Sec. 13(1)(i-a)(i-b) and 13(1A)(ii) of the Hindu Marriage Act, for dissolution of marriage between the parties by a decree of divorce, has been dismissed ex-parte.

(3.) Both the parties were married on 7.3.2002 and out of wedlock, they have two sons, who are still minor. According to the appellant, the respondent stayed with the appellant only for two and half years after the marriage and thereafter, they are living separately. There was also decree for restitution of conjugal rights in favour of the appellant husband and subsequently, the appellant filed the suit for divorce, in which, the respondent did not appear in spite of notices, as also publication of notice in the newspaper. Hence, the matter was taken up ex-parte. However, the suit was dismissed by the learned Court below.