H. C. Mishra, S.N. Pathak, JJ. - (1.) Heard learned counsel for the appellant and learned counsel for the sole respondent.
(2.) The appellant is aggrieved by the ex-parte Judgment and Decree dated 8th of July, 2016, passed by the learned Principal Judge, Family Court, Ranchi, in Original Suit (Guardianship) Case No. 65 of 2015, whereby in an ex-parte proceeding against the present appellant, she has been directed to hand over the custody of the minor child to her husband, who is respondent in the present case.
(3.) The facts of the case, as detailed in the impugned Judgment lie in a short compass. The marriage between the parties was solemnized on 4.5.2001 at Adra, District-Purulia, in the State of West Bengal and out of the wedlock, a male child Prem Mishra @ Anit Kumar was born to them on 21.7.2007 in a hospital at Bhagalpur in the State of Bihar. According to the respondents' case, prior to that, the appellant, who was opposite party in the Original Suit in the Court below, had deserted him and returned herself from his society in the month of January, 2017, and the respondent, who was petitioner in the original suit, tried to bring the appellant as well as the minor son to his house, at Ranchi, but all his efforts went in vain. Thereafter the respondent filed an application under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights. It is the case of the respondent that he used to visit Sultanganj within the State of Bihar, where his wife and his son were residing along with her parents, where he saw his son growing neglected and uncared in very awkward, adverse, in-conducive and deplorable conditions and accordingly, the suit was filed for custody of the child in the Court of learned Principal Judge, Family Court, at Ranchi.;