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2017 Supreme(Jhk) 1067

APARESH KUMAR SINGH, B.B.MANGALMURTI
Sujoy Ghosh Dastidar – Appellant
Versus
Dayita Ghosh Dastidar – Respondent


Advocates Appeared:
For the Appellant : M/s Rajivnandan Sahay, Yashvardhan S.P. Mehta, Binod Kumar.

JUDGMENT :

1. By Court.-Heard learned counsel for the appellant.

2. The respondent has not appeared despite service of notice on three occasions. It is pertinent to mention here that the Matrimonial Suit No. 406 of 2010 instituted by the husband/appellant herein was decided ex parte as despite service of notice including through paper publication, the respondent did not appear to contest the suit as per the order dated 18th July, 2011 passed by the Court of learned Principal Judge, Family Court, Jamshedpur.

3. The appellant herein is aggrieved by the dismissal of the Matrimonial Suit vide impugned judgment dated 19th September, 2011 and decree dated 23rd September, 2011 passed by the Principal Judge, Family Court, Jamshedpur in Matrimonial Suit No. 406 of 2010. The appellant had approached the learned Family Court for dissolution of marriage under Section 13(1)(a). of the Hindu Marriage Act while also taking a ground of desertion as per the averments made in the plaint. The case of the appellant in nutshell is inter alia as follows:-

The marriage between the parties was solemnized on 5th December, 2000 as per Hindu Rites and Custom whereafter both of them were living together as husban























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