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2023 Supreme(Pat) 457

P. B. BAJANTHRI, JITENDRA KUMAR
Bharat Prasad Gupta S/o Baidyanath Prasad Gupta – Appellant
Versus
Asha Devi D/o Jhulan Prasad Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Akhileshwar Kumar Shrivastva.
For the Respondent: Shashank Chaudhary.

JUDGMENT :

P.B. BAJANTHRI, J.

1. The present appeal has been filed impugning the Judgment dated 20.09.2018 passed by Ld. Principal Judge, Family Court, West Champaran at Bettiah in Divorce Petition No. 117 of 2018/CIS No 78 of 2013 whereby the petition of the appellant filed under Section 13 of the Hindu Marriage Act has been dismissed on contest.

2.1 The case of the Appellant/Plaintiff as per the pleading is that the marriage between the Appellant/Plaintiff and the Respondent-Wife was solemnized on 28.05.2005 as per Hindu rites and customs and out of the wedlock two female children Khusi Kumari and Anchal Kumari are born, who were, at the time of presentation of the petition, five years and three years of age respectively.

2.2 It is alleged that right from the beginning the behaviour of the Respondent-Wife was cruel towards Appellant/Husband and his family members. As per further allegation, the Respondent-Wife used even to behave with the Appellant schizophrenically. The family members of the Appellant could not tolerate the behaviour of the Respondent-Wife and hence, they separa

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