Arun Kumar Jha, J. – The appellant has preferred the instant appeal against the judgment and decree dated 30.06.2021 and 7.7.2021, respectively passed by learned Principal Judge, Family Court [for short 'Ld., Family Court'], Aurangabad, Bihar in Matrimonial Case No. 55 of 2013 (CIS-946/2013).

2. The respondent had filed a petition before the Ld., Family Court, Aurangabad against the appellant for dissolution of marriage under Section 13 of Hindu Marriage Act, 1955.

3. Briefly stated the case of the respondent-petitioner is that his marriage was solemnized on 27.05.2002 with the appellant in accordance with Hindu Rites and Rituals. Out of the wedlock, birth of a son took place on 03.03.2006 who died on 15.05.2006. Further, case of the respondent is that the behaviour of the respondent was not good with the appellant and her in-laws and she indulged in cruelty against them. The respondent further alleged that the appellant was in illicit relationship with her brother-in-law, namely, Ranjan Singh. Thereafter, on 7th August, 2009, the appellant left her matrimonial home saying that she would not like to live with the respondent and, thereafter, she continued to stay in her parental home and refused to come back to her matrimonial home. On the aforesaid grounds, the respondent brought the petition for dissolution of his marriage with the appellant.

4. The appellant appeared and filed her written statement. She admitted her marriage with the respondent and submitted that after passage of conjugal life for some time respondent-husband started demanding dowry since she was not having any brother and the respondent insisted that she should get her father to register his property in the name of the respondent. Thereafter, when father of the appellant did not do so, she was tortured, assaulted and humiliated by the respondent. The appellant has further submitted her written statement that when she became pregnant in the year 2006, her husband entered into an illicit relationship with his sister-in-law. The appellant gave birth to a child in her parental home who died for want of care within two months. She denied that she ever entered into an illicit relationship with her brother-in-law and further submitted that she wanted to stay with her husband.

5. The Ld., Family Court framed a single issue as to whether the respondent was entitled to get a decree of divorce or not? Thereafter, both sides adduced evidence and the Ld., Family Court after consideration of evidence passed the orders for dissolution of marriage of the appellant with the respondent subject to payment of Rs. 15,00,000/- as permanent alimony. The said order has been assailed in the instant appeal.

6. Heard learned counsel for the appellant as well as the respondent.

7. It has been submitted by learned counsel for the appellant that the order of Ld., Family Court is without any merits. The Ld., Family Court has not framed issues properly and has not appreciated the evidence in right perspective. Serious illegality and irregularity has been committed while passing the order by Ld., Family Court. Learned counsel further submitted that the person against whom the allegation of adultery has been levelled has not been made party in this case and the case was bad for non-joinder of necessary parties as the alleged adulterer was a necessary & proper party.

8. On the other hand, learned counsel appearing on behalf of the respondent has supported the order of the Ld., Family Court. Learned counsel submitted that the judgment and decree of the Ld., Family Court does not suffer from any infirmity. Learned Family Judge has considered the evidence of both the parties and passed the orders after considering the same. Further, learned counsel submitted that the respondent has prepared a draft of Rs. 15,00,000/- in terms of the orders of the Ld., Family Court but the appellant did not accept the same and still has been denying to accept the same.

9. On the basis of the pleadings of the parties and