ANIL KUMAR TIRKEY Vs. NEELAM KUMARI KACCHAP TIRKEY

JUDGEMENT

(1.) THIS appeal by the husband under Section 19 of the Family court Act is directed against the judgment and order dated 21-4-2004 passed by the principal Judge, Family Court, Jamshedpur in Matrimonial Suit No. 14 of 2000 whereby the aforesaid suit filed by the appellant under Sections 22 and 23 of the Indian divorce Act, 1869 has been dismissed.

(2.) THE facts of the case lie in a narrow compass :-Both the appellant and the respondent are by faith Christians and were married in october, 1995 at Ranchi. After marriage, the respondent started living with the appellant at his residence in Jamshedpur. Out of the wedlock, a daughter was born. The appellant's case was that the respondent lived with the appellant at Jamshedpur till november, 1997 and thereafter, she deserted the appellant. It was contended that despite repeated requests and reminders, the respondent did not turn up and started living with the appellant. On the other hand, the respondent's case was that before the marriage, she was in service since 1987 in the irrigation Department and posted at Ranchi. Before the marriage, it was agreed that she will continue her service even after the marriage. The appellant gave consent to the marriage and wedding took place. The appellant thereafter started insisting her to leave the job and live with the appellant. The Court below after considering the evidence adduced by the parties came to the conclusion that the appellant failed to prove the case and accordingly, the suit was dismissed.

(3.) WE have heard Mr. P. C. Tripathy, learned counsel appearing for the appellant and, Mr. D. K. Chakravorty, learned counsel appearing for the respondent. In course of argument, efforts were made for conciliation, but both parties did not agree to start their conjugal life. On 24-11-2008, this court passed the following orders :-