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2016 Supreme(Pat) 119

RAMESH KUMAR DATTA, RAVI RANJAN
Babita Kumari – Appellant
Versus
Ramesh Kumar – Respondent


Advocates Appeared:
For the Appellant :Mr. Ajay Kumar Thakur, Advocate
For the Respondent:M/s. L.N.Dass, Mithilesh Kumar Gupta, Uday Kumr, Virender Kumar, Advocates

JUDGMENT :

RAVI RANJAN, J.

I have heard parties and perused the records of this appeal.

This appeal is directed against the judgment and decree dated 4.2.2005 passed by the Additional Principal Judge, Family Court, Patna in Matrimonial Case No. 41 of 1998 by which the court below has granted divorce under Section 13 (1) (a) and (1-b) of the Hindu Marriage Act, 1955 (for brevity “the Act”) i.e., on the ground on cruelty and desertion.

The Matrimonial Case No. 41 of 1998 initiated by the husband, i.e., the sole respondent in the present appeal, for dissolution of marriage was viewed from the different perspective by the Family Court Judge who allowed the petition, granted divorce on the ground of cruelty and desertion.

The respondent husband, a Lecturer in the Bihar College of Engineering, Patna, now a National Institute of Technology, in his petition filed before the Family Court, has averred that the marriage between the parties was solemnized in accordance with Hindu rites and customs on 30.4.1987 at Purnea. After the marriage the wife came to her matrimonial house and they started living together. On 16.11.1987 he was appointed on the post of Lecturer in Bihar College of Engineering,




























































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