Jitendra Kumar, J. – The present appeal has been filed under Section 19(1) of the Family Courts Act, 1984, impugning the judgment dated 18.04.2017 passed by Ld. Additional Principal Judge, Family Court, Katihar, in Matrimonial Case (Divorce) No. 560 of 2012, whereby the petition filed under Section 13(1)(i), praying for decree of divorce, has been dismissed ex parte.

2. The case of the Appellant/Plaintiff as per the pleadings is that he was married with the Respondent in the year 1980 as per Hindu Rites and Customs and out of the wedlock, two children were born, one is son, Devashis Mandal, who is aged about 27 years and the second is daughter Chandrani Mandal, who is aged about 25 years. It is further averred that after solemnization of the marriage, both the parties began to lead happy and prosperous conjugal life. But, in 1997, the Defendant/Respondent left the company of the Appellant/Plaintiff and began to live in a hospital quarter. The Plaintiff/Appellant left no stone unturned to mend the way of the Defendant/Respondent but of no avail. It is further averred that the Defendant/Respondent filed a Complaint Case No. 1249 of 2000, in the Court of Ld. C.J.M., alleging torture an