PATNA, India, July 7 -- Patna High Court issued the following judgment on July 1:

Heard learned counsel for the appellant. None appears on behalf of the respondent.

2. The present appeal has been filed under Section 19 of the Family Court Act, 1984 impugning the judgment and decree dated 19.07.2023 passed by learned Additional Principal Judge, Family Court, Patna in Matrimonial (Divorce) Case No. 1349 of 2021, whereby the matrimonial suit, preferred by the appellant, seeking dissolution of marriage, has been dismissed.

3. The case of the appellant as per petition filed before the Family Court is that the marriage of the appellant with respondent was solemnized on 10.07.2016 as per Hindu Rights and Customs. After marriage, the respondent came to the house of appellant and lived together as husband and out of the wedlock, a male-child was born on 18.09.2017. During stay at her matrimonial house, the behaviour of the respondent with her husband and other in-laws family members were not amenable and she always misbehaved, humiliated and rebuked the appellant-husband in presence of his parents and relatives to lower down the reputation of the appellant. Ultimately, the respondent left her matrimonial house on 04.04.2018 with all her ornaments and since then she has been staying at her parental house. The appellant-husband made all his efforts to reconcile the matter with the respondent-wife but all his efforts went in vein. The appellant-husband has also filed Matrimonial Case No. 611 of 2019 for restitution of conjugal rights on 22.05.2019 in which notices were issued and it was validly served to the respondent but she preferred not to appear in the aforesaid case. Instead, she has filed Maintenance Case No. 423(M) of 2019 before learned Principal Judge, Family Court, Dhanbad. In the aforesaid case, the appellant-husband is paying Rs. 10,000/- per month to the respondent-wife and child for their maintenance. The appellant, therefore, prayed that the marriage between the appellant and respondent be declared dissolved and a decree of divorce be passed in his favour.

4. The respondent was issued notices but she choose not to appear to contest her case. Hence, the case was proceeded ex-parte.

5. During course of trial, altogether four witnesses have been produced on behalf of the appellant which are P.W.1- Abhinaw Kumar Gautam (appellant himself), P.W. 2-Ramesh Prasad Singh, P.W. 3- Vinay Kumar Singh and P.W.4- Yadunandan Singh.

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