Salon Lomga v. Hanna Lomga - 2023 Supreme(Online)(Jhk) 8692

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(Jhk) 8692

JHARKHAND HIGH COURT
Ananda Sen, J
Salon Lomga v. Hanna Lomga

Advocates:
For the Appellants/Petitioners: Mr. Yogendra Prasad
For the Respondents: Mrs. Shilpi Sandil Gadodia

Table of Content
1. introduction of parties and factual background related to the marriage. (Para 1 , 2)
2. arguments presented by both parties regarding the dissolution of marriage. (Para 3 , 4 , 5)
3. court's considerations regarding desertion and mental cruelty. (Para 6 , 8 , 9 , 10)
4. statutory basis for petitioning for dissolution under the divorce act. (Para 7)
5. final decision allowing the appeal and ordering relief. (Para 11)

1. Heard learned counsel for the appellant Mr. Yogendra Prasad and learned counsel Mrs. Shilpi Sandil Gadodia representing the respondent as a legal aid counsel.

2. By the impugned judgment dated 30.08.2016 and decree dated 09.09.2016 passed by learned Principal Judge, Family Court, West Singhbhum, Chaibasa in Original Suit No.14/2015 the Suit for dissolution of marriage under S.10(ix) and (x) of the Divorce Act 1869 has been dismissed ex - parte since the respondent even after valid service of notice and through paper publication also did not appear to contest the Suit. The pleadings as made out in the plaint have therefore remained unrebutted. Appellant had adduced two witnesses: himself as P.W.2 and one Ishwar Lomga P.W.1 in support of his case. As per