JUDGMENT :

Heard learned counsel for the appellant. The respondent-wife has not entered appearance, despite valid service of notice pre-admission and post-admission in this appeal.

2. By the impugned Judgment dated 25.5.2017 and decree dated 2.6.2017, passed by the learned Additional Principal Judge, Family Court, Dhanbad, in Title Matrimonial Suit No. 413 of 2016, the learned Addl. Family Court, Dhanbad has dismissed the suit, instituted by the petitioner/appellant-husband for dissolution of marriage with the respondent-wife on the ground of cruelty and desertion and also for not obeying the Judgment dated 18.6.2014 and the decree of restitution of conjugal right dated 25.6.2014, passed against the defendant earlier in Title Matrimonial Suit No. 177 of 2011 by the learned Principal Judge, Family Court, Dhanbad.

3. The respondent, despite valid service of notice and substituted service of notice by publication did not appear before the Family Court and was debarred from filing the written statement in Title Matrimonial Suit No. 177 of 2011, which was decreed ex-parte in favour of the plaintiff-husband for restitution of conjugal rights.

4. The parties had entered into marriage as per Hindu rites and ceremonies on 28.6.2009, as per the case pleaded by the plaintiff-husband. They were leading happy married life at their marital home, but the parents of the defendant wanted him to reside as gharjamai. On 22.3.2011, the defendant left his house with all the belongings and flatly refused to lead a conjugal life with him.

Title Matrimonial Suit No. 177 of 2011 was then preferred by the husband for restitution of conjugal right. The plaintiff had filed two affidavits in T.M.S. No. 177/2011 in examination-in-chief. One by his father and the other by himself as P.W.-1 and P.W.-2. Apparently, no appeal was preferred by the defendant wife against the decree of restitution of conjugal rights. The instant O.S. No. 413 of 2016 was instituted against the respondent-wife on the ground of cruelty and desertion and also for not obeying the decree of restitution of conjugal rights, passed against her, in terms of Section 13(1) (i-a)(i-b), (1-A) (ii) of the Hindu Marriage Act, 1955.

5. In the instant suit, plaintiff examined two witnesses. P.W.-1 Kisto Thakur, an independent witness and P.W.-2 the plaintiff himself. He adduced the certified copy of the judgment passed in Title Matrimonial Suit No. 177 of 2011 as Exhibit-1; Postal receipt, by which, legal notice dated 9th February, 2016 for restitution of conjugal rights was served upon the defendant as Exhibit-2; Photo copy of Railway reservation tickets sent along with legal notice as Exhibit-3; Photo copy of letter dated 21.12.2015, issued by the Additional Principal Judge, Family Court, Patna upon the plaintiff to file show cause regarding deduction of maintenance was adduced as Exhibit-4; Photo copy of the order dated 7.10.2013 passed in Cr. Misc. Case No. 42507 of 2013 was marked as Exhibit-5; Xerox copy of the statement of account of plaintiff was marked as Exhibit-6 and photo copy of the letter bearing Memo No. 82/1(4)/ASN dated 10.2.2017, issued by the Additional District Inspector of School (S.E.), Asansol Sub-Division, Burdwan (WB) was marked Exhibit-7.

6. During the proceedings of the instant suit also the defendant did not appear, despite valid service of notice and the suit was heard ex-parte. Upon consideration of the pleadings on record, learned Additional Principal Judge, Family Court, Dhanbad framed the following issues for consideration:

(a) Whether the plaintiff was subjected to cruelty and desertion by the defendant ?

(b) Whether the marriage between the plaintiff and the defendant is liable to be dissolved on the ground of cruelty and desertion and also for noncompliance of the order passed by the Court under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights by defendant?

7. Both the plaintiff witnesses stated common facts in their examination-in-chief regar