JUDGMENT :

DINESH KUMAR SINGH, J.

1. Heard learned counsel for the appellant and learned counsel for the respondent.

2. The present Miscellaneous Appeal is directed against the judgment and decree dated 9.5.2007 and 19.5.2007, respectively, passed by the learned Additional Principal Judge, Family Court, Patna in Matrimonial Case No. 160 of 1996, dismissing the appellant husband’s matrimonial case for a decree of divorce on the ground of cruelty and desertion.

3. The present Miscellaneous Appeal has a chequered history. Initially, for challenging the judgment and decree under appeal, First Appeal No. 157 of 2007 was filed but subsequently, a Division Bench of this Court directed for converting the First appeal into Miscellaneous Appeal vide order dated 11.11.2009. Notices were issued to the sole respondent wife on 11.1.2010. Thereafter, vide order dated 4.7.2011, direction was given to make payment of maintenance amount of Rs. 2000/- to the respondent wife and Rs. 1700/- for the child as per the order of the learned Court below in Matrimonial Case No. 160 of 1996 along with arrears since March, 2007 which comes to Rs. 1,77,600/-.

4. In view of the fact that the appellant and respondent a