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2025 Supreme(Online)(Pat) 1460

PATNA HIGH COURT
P.B. Bajanthri, S. B. PD. Singh, JJ
Nishi Kant Singh @ Amit Kumar Singh – Appellant
Versus
Sunita Devi – Respondent


Advocates:
For the Appellant/s: Mr. Chakravarti Singh
For the Respondent/s: Mr. Amarendra Kumar Singh

JUDGMENT

(Per: HONOURABLE MR. JUSTICE S. B. PD. SINGH)

Date : 24-07-2025

Heard the parties.

2. The appellant has come up in this appeal against the judgment and decree dated 23.12.2016 & 05.01.2017 passed by the learned Principal Judge, Family Court, Kaimur (Bhabua) in Matrimonial Case No. 26 of 2006, whereby the petition filed by the appellant-husband under Section 13 (1) of the Hindu Marriage Act, 1955 (in short 'the 1955 Act') seeking dissolution of marriage by a decree of divorce, has been dismissed and the appellant was directed to pay arrears of interim maintenance immediately.

3. Succinctly, the marriage of appellant was solemnized with the respondent on 27th June 1988 as per Hindu rites and ceremonies. The marriage was duly consummated; and one female child namely Priyakant was born out of the wedlock.

4. The pleaded case of appellant-husband in his petition filed before the Family Court is that his marriage was performed with the respondent on 27.06.1988 in the village Mahesua according to Hindu customs and rites. Out of their wedlock a daughter namely Priyakant was born on 17.09.1992. The village of the respondent is about half kilometer away from the house of appellant where

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