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2016 Supreme(Pat) 980

NAVANITI PRASAD SINGH, NILU AGRAWAL
Amrita Kumar @ Amrita Devi – Appellant
Versus
Jyotish Kumar Rajak S/O Dashrath Prasad Rajak – Respondent


Advocates Appeared:
For the Appellant : Mr. Prashant Sinha
For the Respondent: Mr. Ajay Kumar Thakur, Mr. Imtiyaz Ahmad, Mr. Nilesh Kumar, Mr. Babita Kumari

JUDGMENT :

Navaniti Prasad Singh, J.

The present appeal, under Section 19 of the Family Courts Act, has been filed by the defendant in the Matrimonial Case No. 110/2010, which was allowed on 04.04.2012, by the Principal Judge, Family Court, Jamui. The aforesaid matrimonial case was filed for dissolution of marriage on the ground of desertion and cruelty.

2. Having heard learned counsel for the appellant and learned counsel for the respondent, and with their consent, this appeal is being disposed of at this stage itself.

3. It appears that appellant was married to the respondent on 14.03.2007, in accordance with Hindu customs and rites. The appellant belongs to Bariyarpur, District-Munger, whereas the defendant belongs to District-Jamui, but works at Collectorate Lakhisarai, District-Lakhisarai. He is a class-III employee in the Collectorate. It appears that some dispute started from very beginning. However, in spite of disputes on 27.08.2008, the appellant, out of matrimonial alliance, gave birth to a baby boy on 27.08.2008. Since the time of birth of this baby boy, the appellant had been living with her father at Bariyarpur, and the respondent refused to take her back to her matrimoni












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