- (1.) Heard learned counsel for the appellant. Learned counsel Ms. Asmita Shrivastava submits that the respondent has taken no objection from her office two years back. No one else has entered appearance on behalf of the respondent. On the earlier date also no body appeared on behalf of the respondent and the matter was adjourned. Before the learned Mediator, JHALSA also, parties did not appear and mediation could not take off.
(2.) The present appellant is the husband, aggrieved by the dismissal of Matrimonial Suit No. 19 of 2008 by the judgment dated 16.1.2015, decree dated 29.1.2015 passed by learned Principal Judge, Family Court, Chatra, whereunder his prayer for dissolution of marriage on grounds of adultery and cruelty, in terms of section 13(1)(i) (i-a) of the Hindu Marriage Act, has been rejected.
(3.) Appellant, inter alia, pleaded before the learned Family Court as under: Parties solemnized their marriage on 23.6.2004 as per Hindu rites and customs at Rajrappa Temple. They spent peaceful conjugal life for some time in the matrimonial house but after six months, one Sunil Kumar Mehta, who was impleaded as Opposite No. 2, started visiting his house. Thereafter, respondent started disliking the petitioner and his family culture and used to disturb the peace of the family. She refused to perform the daily chores of family life. Once, she left the house in midnight and returned in the morning. At times, she used to go to her parental house without consent of the petitioner or her in-laws. Once, he went to his in-laws house and found the respondent with Sunil Mehta confined in a room. However, she came with him. On 16.5.2006, she mixed poison with rice to feed her father-in-law, however, due to bad smell, he did not take the meal. A dog was given the meal, who died after eating the meal. A Sanha was lodged in the court of SDM, Chatra 30.11.2005 bearing no. 290 of 2005. Thereafter his parents left to stay in a separate residence. Thereafter petitioner shifted to village -Dahuri along with respondent and started running a goldsmith shop. There also, she established illicit relationship with several persons of the village, who used to visit his house without any reason. O.P. 2 also started visiting her and used to spent time. When he objected, the opposite party threatened to kill him. He again planned to go to his village Untta but she did not like it and fled away in the midnight on 2.10.2006. Petitioner returned to his village- Untta and started running a separate shop. He went to bring her back on 4.10.2008, but she refused to return and resume conjugal life. She threatened to kill him.;