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2022 Supreme(Jhk) 952

SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Vishal @ Vishal Mishra, son of Amardeo Mishra – Appellant
Versus
Pallawi Kumari, wife of Vishal @ Vishal Mishra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mukesh Kumar, Advocate
For the Respondent:Ms. Gouri Debi, Advocate, Ms. Dimpy Halder, Advocate

ORDER :

Shree Chandrashekhar, J.

The appellant filed Title (Mat.) Suit No. 108 of 2015 which was renumbered as Original Suit No. 108 of 2015 (in short, divorce case), seeking a decree of divorce by dissolution of his marriage with the respondent which was solemnized on 29th April 2013 at village Rajopur of Govindganj PS, within East Champaran district in the State of Bihar.

2. The divorce case has been dismissed by the judgment dated 25th January 2019 against which the appellant has preferred the present First Appeal under section 19(1) of the Family Courts Act, 1984.

3. The Family Court has held that the appellant inflicted cruelty upon his wife on non-fulfillment of the demand for a Scorpio car and ousted her from her matrimonial home on 20th July 2013. The Family Court has also taken note of the criminal case filed by brother of the appellant vide CP Case No. 974 of 2014 which has ended in acquittal of the respondent and her family members.

4. After having considered the materials produced by the parties in the divorce case, the Family Court has held as under:

    “9. Hence, from the above facts and circumstances of the case, the petitioner has not been able to prove the allegations of cr

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