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2023 Supreme(Pat) 1126

P. B. BAJANTHRI, JITENDRA KUMAR
Sonu Kumar S/o Sita Ram Bhagat – Appellant
Versus
Rina Devi W/o Shri Sonu Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shyam Sunder Pandey.

JUDGMENT :

JITENDRA KUMAR, J.

1. The present appeal has been preferred against the Judgment dated 19.12.2017 passed by Ld. Principal Judge, Family Court, Muzaffarpur in Matrimonial (Divorce) Case No. 27 of 2017 whereby learned Family Court has dismissed the Matrimonial Case filed by the Appellant herein for divorce under Section 13 of the Hindu Marriage Act.

2. The Appellant/Plaintiff has prayed for dissolution of marriage on the ground of cruelty against the wife-respondent. It also transpires that despite service of notice, the respondent-wife did not appear before the Family Court and hence, she was proceeded ex-parte. However, the Ld. Family Court dismissed the Matrimonial Petition of the Appellant/Plaintiff, ex-parte, finding that the petitioner has failed to prove the allegation of cruelty allegedly committed by the respondent-wife against him.

3. The case of the appellant/plaintiff as per the pleading is that marriage between the appellant and the respondent was solemnized on 12.06.2015 at village Dhanaur, district-Muzaffarpur by Hindu rites and customs and after marriage, the respondent-wife joined the appellant-husband at his matrimonial home and after living at the matrimonia

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