- (1.) Heard learned counsel for the appellant and learned counsel for the respondent.
(2.) The appellant is aggrieved by the ex-parte judgment and Decree dated 12.2.2016 passed by the learned Principal Judge, Family Court, Garhwa, in M.M. Case No.37 of 1995, whereby, the marriage between the parties has been dissolved by a decree and divorce, under section 12(1) of the Hindu Marriage Act.
(3.) The respondent husband had filed the suit for decree of divorce under sections 12(1) and 13(1) of the Hindu Marriage Act, stating therein that the marriage between the parties had been solemnized on 20.6.2014. On 21.6.2014, he found that the abdomen of his wife was very large and on being asked, she stated that it was due to some illness. Thereafter, she went back to her father's place, where on 2.1.2015, the appellant wife gave birth to a female child. It is the case of the petitioner-respondent that his wife was pregnant at the time of marriage with someone else than the petitioner-respondent and this fact was concealed at the time of negotiation of the marriage. After the birth of the child, it was mutually agreed between the parties to return all the marriage gifts and to sever the relationship, for which a document was also prepared and thereafter, the appellant-wife went back to her parents' place with her belongings. With these averments, mainly with the averment that the wife was pregnant at the time of marriage with some other person, not known to the petitioner-respondent, the suit for dissolution of marriage was filed in the Court below.;