RANCHI, India, Nov. 18 -- Jharkhand High Court issued the following order on Oct. 17:

1. The instant appeal under section 19(1) of the Family Courts Act, 1984 is directed against the judgment dated 20.10.2023 and the decree dated 30.10.2023 passed in Original Suit No.32 of 2020 by the learned Principal Judge, Family Court, Seraikella-Kharsawan (in short, Family Judge) whereby and whereunder the petition filed under section 13 of the Hindu Marriage Act, 1955 by the appellant-husband against the respondent-wife has been dismissed on contest .

2. The brief facts of the case as pleaded in the plaint having been recorded by the learned Family Judge, needs to be referred herein as:

(i) This Suit was originally filed before the Family Judge, Bhojpur, Ara bearing Matrimonial Case No. 292 of 2017 and by the order of the Hon'ble Supreme Court passed in Transfer Petition (Civil) No. 885 of 2019 dated 29.05.2020 the case has been transferred to the Court of Principal Judge, Family Court, Seraikella-Kharsawan where the respondent-wife appeared on 13.04.2022.

(ii) It has been pleaded in the plaint that the marriage between the petitioner and the respondent was solemnized on 15.05.2011 at Patna, the respondent went to her matrimonial home and started living there and from the wedlock one son begotten on 15.08.2012, namely, Golu who is being maintained by the petitioner by mentioning his name in his service book also.

(iii) It is pleaded that the petitioner used to work in Prasar Bharti at Tripura and kept the respondent there and after transfer where he went with the family and got the name of his son admitted in a good school but on 12.09.2014 on the pretext to see her mother on account of her illness, respondent went Bokaro by taking all her ornaments and belongings and did not return for a considerable period and by taking assistance of Mahila P.S. Bokaro after mediation he managed to bring his wife back in the month of March 2015 at Guwahati where the petitioner was working at that time. But she always remained adamant to behave with cruelty with the petitioner and always used to make quarrel for living with her parents and finally on 06.06.2016 she again went to Seraikella without informing to the petitioner along with the child.

(iv) It is pleaded that at present father of the respondent after transfer is residing at Seraikella and it was told that since her father is in government job and the respondent also doing job and as such she does not want to come with him and when on 24.08.2016 he attempted to bring his wife, she refused to come with him and now the relationship between husband and wife has come to an end.

(v) It is pleaded that his wife has deserted him and even the parents of the respondent on being contacted, they also refused to send their daughter with him.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqFYMcbMq22U%2Bo9TTJ9mYpXWYAKu7p5HWktdakoi5kKre&caseno=FA/11/2024&cCode=1&cino=JHHC010025192024&state_code=7&appFlag=)

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