RANCHI, India, Jan. 6 -- Jharkhand High Court issued the following order on Dec. 5:
1. The instant appeal under Section 19(1) of the Family Courts Act, is directed against the order/judgment dated 25.06.2024 (decree dated 09.07.2024) passed by the learned Principal Judge, Family Court, Godda in Original Suit No. 123 of 2017, whereby and whereunder, the learned court has allowed and decreed the suit filed by the respondent/ plaintiff/petitioner for dissolution of marriage on the ground of cruelty but not on the ground of desertion.
2. It requires to refer herein that the suit for dissolution of marriage was earlier allowed in favour of the petitioner-husband/respondent herein by the Principal Judge, Family Court, Godda vide order 20.06.2018 and decree dated 06.07.2018.
3. The respondent/wife preferred appeal before this Court being First Appeal No.114 of 2019 against the said order dated 20.06.2018 and decree dated 06.07.2018, which has been disposed of, vide order dated 19.04.2023, wherein, the order/judgment dated 20.06.2018 and decree dated 06.07.2018 was set aside by the Co-ordinate Bench of this Court and the matter was remanded to the Principal Judge, Family Court, Godda to pass a fresh order.
4. On the basis of the aforesaid order dated 19.04.2023 passed by the Coordinate Bench of this Court, the matter has again been heard by the Principal Judge, Family Court, Godda and thereafter judgment was passed on 25.06.2024 (decree dated 09.07.2024) by which the suit for dissolution of marriage filed by the petitioner/husband has been allowed, against which the instant appeal has been preferred by the appellant wife.
Factual Matrix
5. The brief facts of the case as inserted in the impugned judgment, required to be enumerated, which read as under:
It is the case of the petitioner-husband that the marriage of petitioner-husband, namely, Deepak Kumar Jaiswal with opposite partywife, namely, Dr. Preetam Kumari was solemnized on 26.04.2017 according to Hindu rites and customs without any dowry with the consent of both the parties and in presence of guardians. After marriage, opposite party lived with the petitioner at the residence of petitioner and lead her conjugal life with the petitioner. Out of the said wedlock one son born on 18.11.2009 and one daughter on 25.06.2015 whose name are Chandragupta and Shreya respectively. The opposite party was posted as lecturer in Govt. Homeopathic Degree College and Hospital Gandhigram Godda from August 2010 and during that period, opposite party was residing at the residence of petitioner at Raghunathpur. After termination of the service, opposite party again went to her 'naiher' on the instigation of her father. The petitioner-husband tried many times to bring opposite party in between 22.08.2010 to 03.07.2015, but opposite party refused to come to the house of the petitioner.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqPJb1jQwCHgetjtjd4g34vPIdjQaG6dJP3ujbhYhUcoN&caseno=FA/119/2025&cCode=1&cino=JHHC010349632024&state_code=7&appFlag=)
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