RANCHI, India, July 28 -- Jharkhand High Court issued the following order on June 30:
1. Learned counsel for the appellant has submitted that he is not pressing the instant interlocutory application since the document which has been sought for by way of additional evidence in view of the application filed under Order 41 Rule 27 of the CPC has been exhibited and considered by the learned Family Judge and in that view of the matter, the instant application is not being pressed.
2. Accordingly, interlocutory application being I.A. No.12826 of 2024 is dismissed as not pressed.
First Appeal No.131 of 2023
Prayer
3. The instant appeal preferred under Section 19(1) of the Family Courts Act, 1984 is directed against the judgment and decree dated 10.05.2023 (decree signed on 26.05.2023) passed in Original Suit No.170 of 2022 by the learned Principal Judge, Family Court, Hazaribag, whereby and whereunder, the dissolution of marriage on the ground, as available under Section 10(viii) & (ix) of the Indian Divorce Act, 1869 (hereinafter referred to as "the Act, 1869") has been refused to be granted in favour of the husband, appellant herein.
Factual Matrix
4. The brief facts of the case, as per the pleading made in the memo of appeal, as also, based upon the pleading made in the plaint, read as under: -
It is the case that the parties are legally married, i.e., husband, (appellant herein) and the wife (respondent herein). Their marriage was solemnized on 17.01.1990 at Dula Bitha Kaitholic Mission Church, Giridih, as per Christian rites and customs. After marriage, they led conjugal life at Mohalla-Sindur, Karkari, P.S.-Sadar, District-Hazaribagh. Out of their wedlock, two sons, namely, Amit Kumar and Sumit Nayan were born. The appellant husband is a teacher in St. Robert Middle School, Hazaribagh, while the respondent wife is State Govt. employee in Social Welfare Department, Hazaribagh. Earlier, appellant husband has filed a suit for restitution of conjugal rights vide original suit being O.S. No.68 of 2018 which was decreed ex-parte vide judgment dated 21.11.2019. Presently, both the parties are living at Hazaribagh and both the sons are living with respondent-wife. Since, 06.06.2016, respondent-wife has been living separately.
It is the further case that the respondent did not discharge her duty since beginning. She is having habit of living with freedom and she never took care of her husband and children. The respondent wife never paid any respect and performed her duty towards her in-laws. The respondent wife went to Patna, Siliguir and Kathmandu without his consent.
On 06.06.2016, on the water dispute with neighbour, the respondent wife came to assault and abuse him and lastly left her matrimonial house and started living separately with children. He is paying educational expenses of younger son. One day, she came to his office and assaulted in front of other staff. Finally, he has prayed for divorce on the ground of desertion and the respondent wife did not respond to decree of restitution of conjugal life for more than two years.
5. It appears from the material available on record that the sole ground has been taken for dissolution of marriage under Section 10(viii) & (ix) of the Act, 1869.
6. The ground has been taken that prior to filing of the suit, an application was filed under Section 32 of the Indian Divorce Act, 1869 for restitution of conjugal right. The said judgment was decreed in favour of the appellant, husband. The respondent-wife has not turned up to live together in compliance to the judgment passed under Section 32 of the Indian Divorce Act, 1869. Therefore, the application has been filed for dissolution of marriage on the ground of applicability of reason available under Section 10(viii) & (ix) of the Act, 1869.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpM2G%2FL6R19s12AWW%2Fnmg2xHxSl82jTeqAP5xZXieCCoX&caseno=FA/131/2023&cCode=1&cino=JHHC010216152023&state_code=7&appFlag=)
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