Heard the learned counsel for the appellant and learned counsel for the respondent.

2. The appellant wife is aggrieved by the ex-parte decree of divorce passed against her, by Judgment and Decree dated 22.05.2010, by the Learned Principal Judge, Family Court, Palamau at Daltonganj, in Matrimonical Case No. 28 of 2009.

3. It may be stated that this appeal also was filed after inordinate delay of 101 days, which was condoned by order dated 13.05.2011 passed in I.A No. 3700 of 2010.

4. The petitioner respondent had brought the suit of the decree of divorce stating that he was practicing medicine in Homeopathy and his first wife had died on 14.09.2005 due to cancer. Thereafter, he wanted to marry an unmarried lady and the father of the appellant approached him stating that his daughter was unmarried and of a good behaviour, and believing this the marriage between the parties was solemnized on 14.06.2008 at a Temple in Patna City, Patna. Thereafter both the parties came to Daltonganj where the husband was practicing medicine in Homeopathy, and started living together as husband and wife. It is alleged that after sometime the wife started pressuring the husband to transfer his entire property in her name, which was ignored by the petitioner respondent, whereupon she started subjecting him to cruelty and torture. She also used to lock his chamber, where the husband was practicing. Thereafter, the petitioner-respondent brought his wife to his in-laws' place, where his father-in-law asked him to leave his wife at his house for sometime and he will try to correct her behaviour. On 15.08.2008 for the first time the father-in-law of the petitioner husband informed him that his wife was already married earlier and she had female child from her earlier husband and he had to maintain the female child also. The petitioner husband was shocked to hear this and he was not ready for the same. On 09.08.2009 the wife came to the residence of the petitioner respondent at Daltonganj along with a female child aged about two and half years and thereafter she started committing physical and mental torture upon the petitioner respondent in various ways. She had also tried to commit suicide by pouring Kerosene Oil on herself in the presence of his patients, but with the help of his patients she could be prevented from committing suicide. She also used to subject the petitioner respondent to cruelty in various ways making the life of the petitioner respondent miserable, which forced the petitioner-respondent to file the suit for dissolution of marriage between the parties by a decree of divorce in the Court below.

5. The impugned Judgment shows that registered notice was issued to the opposite party appellant by the Court below, which was also validly served upon her on 12.12.2009. Thereafter, she also wrote a letter to the Court below acknowledging the receipt of the notice, and stating that she intended to move the High Court for transfer of the case from Daltonganj to Jamshedpur, where she was living with her parents, but that was also not done by her and no order of transfer was received in the Court below. Ultimately by order dated 30.03.2010 the case was fixed for ex-parte proceeding.

6. It appears from the impugned Judgment that four witnesses were examined by the petitioner in the Court below, including himself, and the witnesses proved the case of cruelty and mental cruelty upon the petitioner respondent. The appellant did not appear in the Court below even for cross-examining those witnesses, and ultimately, by the ex-parte Judgment and Decree dated 22.05.2010, the marriage between the parties was dissolved by the Court below, giving permanent alimony of Rs. 1,00,000/- to the wife.

7. Learned counsel for the appellant has submitted that the impugned Judgment passed by the Court below cannot be sustained in the eyes of law, inasmuch as, no family member of the petitioner-respondent was examined in the Court below, rather only non-family member wi