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2023 Supreme(Pat) 1010

P. B. BAJANTHRI, RAMESH CHAND MALVIYA
Alok Bharti – Appellant
Versus
Jyoti Raj – Respondent


Advocates Appeared:
For the Appellant : M/s Ankit Katriar, Ankit Kumar Singh.
For the Respondent: M/s Nikhil Kumar Agrawal, Aditi Hansaria.

P. B. Bajanthri, J. – Present Miscellaneous Appeal No. 205 of 2023 is arising out of Matrimonial (Divorce) Case No. 105 of 2019, on the file of the learned Principal Judge, Family Court, Vaishali at Hajipur by which appellant’s petition for divorce under Section 13 1(ia) 1(ib) of the Hindu Marriage Act, 1955 is declined.

2. Brief facts of the case are that appellant-husband and respondent-wife married in terms of Hindu rites and customs on 29.11.2012. Out of their wedlock, respondent-wife gave birth to a male child on 09.11.2013. Till 04.06.2015/05.06.2015 they were living together. Appellant-husband at the relevant point of time was a Junior Engineer in the Maharastra State Power Generation Company Limited.

3. Respondent was also living with her husband at Mumbai for sometime. There were certain domestic issues mainly respondent-wife was not willing to live in husband’s matrimonial home at village called Neem chowk, Tajpur, P.S- Tajpur, District- Samastipur, Bihar. Whereas, appellant and his parents were insisting respondent to stay in the aforementioned village to look after her in-laws. Further there were allegation against the husband-appellant and his parents and ten others, who

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