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2023 Supreme(Pat) 749

P. B. BAJANTHRI, JITENDRA KUMAR
Arun Kumar Singh – Appellant
Versus
Nirmala Devi – Respondent


Advocates appeared:
For the Appellant : Mr. Ashok Kumar Garg.
For the Respondent: Mr. Shree Kant Pandey.

Jitendra Kumar, J. – The present appeal has been filed impugning the judgment and order dated 31.07.2017, passed in Title Suit (Divorce) Case No. 14 of 2014, by Ld. Principal Judge, Family Court, Sheikhpura, whereby the petition of the Appellant- Plaintiff filed for divorce under Section 13 of the Hindu Marriage Act, 1955, has been dismissed on contest.

2 (i) The case of the Appellant-husband, as per the pleadings, is that the marriage between the Appellant-Plaintiff and Respondent-Defendant was solemnized on 1st May, 1978 and after the marriage, one daughter, namely Rimjhim Kumari was born in the year 1990 out of wedlock and thereafter, the Appellant-Plaintiff did not get any other child.

2 (ii) It is further pleaded that with the consent of the Respondent-Defendant-wife, the Appellant-Plaintiff-husband solemnized second marriage with another girl in the year 2004. Thereafter, the conjugal life of the Appellant-Plaintiff and Respondent-Defendant became gradually bitter and consequently both the parties began to live separately since 2005 and since then they have not been able to live together.

2 (iii) It is further pleaded that in the year 2010, the Respondent wife filed a complaint

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