CORAM: HONOURABLE MR. JUSTICE NANI TAGIA and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA C.A.V. JUDGMENT (Per: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA)

Date : 06-02-2026

1. Heard learned counsel for appellant as well as the learned counsel for respondent.

2. The present appeal has been filed under Section

19 of the Family Courts Act , 1984 by the appellant for setting aside the order dated 05.01.2017 and decree dated 19.01.2017 passed by the learned Principal Judge, Family Court, Vaishali at Hajipur (hereinafter referred to as ‘Family Court’) in Divorce Case No. 263 of 2016 whereby and whereunder the Divorce Petition filed by the respondent-wife was allowed ex-parte and the marriage of the appellant with the respondent was dissolved.

3. The facts of the case, in brief, is that the marriage between the appellant-husband and the respondent- wife was solemnized on 08.02.2012 at Mumbai in accordance with Hindu rites and customs. The marriage was a love marriage, the parties having come into contact while pursuing their studies at Melbourne, Australia, and was later solemnized with the consent of their respective families. After marriage, the parties resided together as husband and wife and