Jitendra Kumar, J.—The present appeal has been filed impugning the judgment dated 12.01.2017, passed by learned Additional Principal Judge, Family Court, Katihar, in Matrimonial (Divorce) Case No. 413 of 2013. This petition was filed under Section 13 (1)(I-B) of the Hindu Marriage Act, 1955 praying for divorce and custody of two minor children born out of wedlock. However, the petition was dismissed on contest.

2. The case of the Appellant-Plaintiff, as per the pleadings is that the marriage between the Appellant-Plaintiff and the Respondent-Defendant was solemnized on 25.09.1998 as per the Hindu rites and customs. After marriage, the Appellant-wife joined the matrimonial home of the Respondent-husband. It is further pleaded that at the time of marriage, lavish gifts besides cash of j 1.5 lacs towards expenses of the marriage were given to the Respondent-husband. After the marriage, the conjugal life between the parties was cordial and two male children, namely, Priyansu Kumar and Saket Kumar were born out of the wedlock, who were 12 years and 10 years old respectively at the time filing of the divorce petition. It is further pleaded that after the birth of younger child, the Respon