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 respondent. 2. The present appeal has been filed under Section 19(1) of the Family Court Act, 1984 impugning the judgment and decree dated 03.01.2023 passed by learned Principal Judge, Family Court, Vaishali at Hajipur in Matrimonial (Divorce) Case No. 64 of 2022, whereby the matrimonial suit, preferred by the appellant, for a decree of

3. The case of the appellant as per petition filed before the Family Court is that the marriage of the appellant was solemnized with respondent No. 1 on 18.06.2018 as per the Hindu Rites and Custom and out of the wedlock one male child was born. After marriage and birth of male-child, the appellant went to the State of Madhya Pradesh for his livelihood. The appellant alleged that in the absence of appellant, his neighbour Sudhir Kumar (respondent No. 2) used to visit at his house regularly and had developed illicit physical relationship with his wife (respondent No. 1) which was protested by his mother. It is alleged that on 04.12.2020, Sudhir Kumar (respondent No. 2) came along with some anti-social elements and took his wife and minor children away with him and thereafter, she did not return to her matrimonial house. The respondents are living together in adultery. The appellant, therefore, prayed that the marriage between the appellant and respondent No. 1 be declared dissolved and a decree of divorce be passed in his favour.

4. The respondent Nos. 1 and 2 were issued notices but they choose not to appear to contest their 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- Sudhir Rai (appellant himself), P.W. 2-Subodh Rai (brother of the appellant), P.W. 3- Suman Rai (brother-inlaw of the appellant) and P.W.4-Leelawati Devi (mother of the appellant).

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