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2023 Supreme(Pat) 441

ASHUTOSH KUMAR, HARISH KUMAR
Anusha Kumari W/o Rohan – Appellant
Versus
Rohan Son of Mohan Prasad Sinha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Uday Prakash Shrarma, Adv.
For the Respondent: Mr. Jitendra Singh, Sr. Adv. Mr. Harsh Singh, Adv.

JUDGMENT :

HARISH KUMAR, J.

Heard Mr. Uday Prakash Shrarma, learned advocate for the appellant and Mr. Jitendra Singh, learned senior advocate assisted by Mr. Harsh Singh, learned advocate for the respondent.

2. The present Miscellaneous Appeal is directed against the judgment and decree dated 01.06.2019 and 14.06.2019, respectively, passed by the learned Principal Judge, Family Court, Muzaffarpur, in Matrimonial Case No. 55 of 2014, whereby the marriage between the appellant/wife and respondent/husband has been dissolved and decree of divorce has been passed on the ground of adultery.

3. The factual matrix of the case as is culled out from the records is that the marriage of the appellant/wife and the respondent/husband was solemnized on 19.02.2012. After performance of the rituals of marriage, the appellant/wife had gone to her matrimonial home and lived in Muzaffarpur along with her husband till 03.03.2012. The husband, after having stayed with the wife for about 14 days in Muzaffarpur, returned to his service on 03.03.2012.

4. It is the case of the respondent/husband that after leaving Muzaffarpur, there had never been any physical relationship with his wife for about five and a hal

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