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2020 Supreme(Jhk) 123

APARESH KUMAR SINGH, KAILASH PRASAD DEO
Mukul Prasad – Appellant
Versus
Sangita Kumari – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rahul Kumar, Adv., Miss. Apoorva Singh, Adv.

JUDGMENT :

Heard learned counsel for the appellant and respondent in person.

2. Appellant-husband is aggrieved by dismissal of the Original Suit (MTS) No. 12 of 2011 seeking dissolution of marriage on the grounds of cruelty and desertion under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 vide judgment dated 24th February, 2018 and decree dated 7th March, 2018 rendered by learned Principal Judge, Family Court, Ranchi.

3. As per the case of the parties, after entering into the nuptial knot on 6th June, 2009 at Ranchi as per Hindu custom and rites, the spouses lived only for 4 days and respondent left for her parental house in the company of her brother on 12th June, 2009. Since then, there is no marital reunion, on the contrary, there are spate of litigations between them. Whether in those facts and circumstances, the husband is entitled to a decree of divorce on the ground of fault theory is the seminal question to be answered to the present appeal. Learned Family Court, Ranchi in its detailed judgment, did not found either of the grounds of cruelty or desertion made out.

4. Facts pleaded by the parties are briefly set out hereunder:

Appellant husband pleaded before the Family

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