The failure of the respondent to appear in court proceedings implies abandonment of the matrimonial relationship, thus necessitating the granting of a divorce to the appellant.

JUDGMENT :

S. B. PD. SINGH, J.

1. Heard Mr. Kumar Ravish, learned counsel for the appellant. In spite of valid service of notice, none appears on behalf of the respondent.

2. The present appeal has been filed under Section 19(1) of the Hindu Marriage Act , 1984 impugning the judgment and decree dated 12.07.2017 passed by learned Principal Judge, Family Court, Begusarai in Divorce Case No. 106 of 2015, whereby the petition, filed by the appellant-husband for dissolution of marriage has been dismissed.

3. The appellant-husband grieves that his wife (respondent) is neither ready to join him in the matrimonial fold nor is she agreeable to contest the case of divorce.

4. The impugned judgment, rejecting the prayer of the appellant for passing a decree of divorce on the ground of desertion, cruelty and adultery, has been passed even though the respondent-wife never appeared in the suit. Before this Court also, there is no representation on behalf of the respondent-wife. Dasti notice on behalf of respondent-wife was accepted by her sister-in-law viz. Puja Kumari but there was no representation on her behalf. Ultimately, vide order dated 17.03.2025, appellant was directed to take fresh steps of service of notice on respondent through newspaper publication and vide order dated 22.07.2025, the notices issued to the sole respondent through newspaper publication was held sufficient. Still no one appeared on behalf of the respondent.

5. The appellant submits that his marriage with the respondent was solemnized on 19.12.2001, in accordance with Hindu rites and customs. It is alleged by the appellant that after about two years of marriage, the behaviour of the respondent became arrogant and she started ill-treating parents and brothers of the appellant. In the meantime, two daughters were born out of the wedlock, one in the year 2003 and another in the year 2005, but despite the birth of children, the respondent continued with her indifferent and arrogant conduct. She often displayed violent temperament on trivial issues raised by the appellant’s parents or other in- laws. It is further stated that on 01.01.2006, the respondent prepared herself to go out in the morning and when inquired about her whereabouts, she quarreled with the appellant and threatened to commit suicide, though she was pacified after much persuasion. On the same night, the appellant allegedly found a note in the handwriting of the respondent wherein she admitted to her arrogant behaviour, questionable character, and adulterous conduct. The appellant further contends that the parents and brothers of the respondent used to support her in such behaviour and also threatened the appellant from time to time. The appellant states that in the year 2007, a male child, namely Aryan, was born from the wedlock. However, on 15.12.2011, the respondent left the matrimonial home and went to her parental house (naihar) along with her clothes, jewellery and the children, without informing or seeking permission of the appellant. The appellant made repeated efforts to bring her back but she categorically refused and expressed her desire to take divorce from the appellant. On 04.01.2015, when the appellant again visited her parental house to persuade her to return to her matrimonial house, he was allegedly misbehaved by the respondent and other in-laws and he was compelled to file a complaint before the Chief Judicial Magistrate on 13.02.2015. It is the consistent stand of the appellant that the behaviour of the respondent has been cruel and unpleasent towards him and his family members, and that sh