- (1.) Heard learned counsel for the parties.
(2.) Petitioner-Husband has filed this appeal against the judgment and decree dated 8th August, 2007 and 20th September, 2008 respectively passed by the Principal Judge, Family Court, Hazaribagh as the matrimonial suit preferred under S. 13(1)(1a) and 13(1)(1b) of the Hindu Marriage Act, 1955 for dissolution of marriage with the respondent was dismissed.
(3.) The case of the parties as borne out from the pleadings before the learned Court and the evidences on record are being summarized here under. The relationship of marriage dates back to its solemnization on 6th March, 1980 till date. It encapsulates various events in the course of their matrimonial relationship. They entered into the marital knot on 6th March, 1980 when the appellant-husband was 26 years of age and respondent-wife was of 18 years. A son was also borne out of the wedlock. They were residing at Hazaribagh at that point of time. The husband was pursuing an engineering course and later on, joined the Coal India Limited in April, 1982 and got posted at Ranchi. It is an undisputed case of the parties that since 1982 they were living separately as the respondent-wife started pursuing her higher studies at Patna. She completed her graduation from Magadh Mahila College, Patna and thereafter completed her B.Ed. as well. The respondent had given birth to a male child on 26-11-1982 in a nursing home at Darbhanga, where aunt of the respondent was a doctor. The petitioner was posted between 1989 to 1995 at Daltonganj under the Coal India Limited. The petitioner alleged desertion and cruelty on the part of the respondent in staying away from the matrimonial home since 1982 without any reasonable cause, the respondent, on her part, justified it on the grounds that she was advised by the petitioner and his parents to shift to Patna for higher studies and the petitioner used to visit his in-laws' residence at Patna where the marriage was consummated to his full satisfaction. According to the respondent, she continued to visit the petitioner-husband during holidays along with her son while he was posted at Daltonganj. It was also brought on record that the cousin brother of the respondent was married to the sister of the petitioner-Binita Seth. She has attributed strenuous relationship due to the ill-treatment accorded to her by the petitioner and his parents. Finding no alternative, after completion of her post-graduation and also B.Ed. course, she took up an employment as Assistant Teacher in Bankipur Girls School, Patna in the year 1990 and started maintaining her along with her son from the salary received from the school. She alleged that as long as the petitioner was posted at Ranchi and living with other employees of CCL, he never tried to bring the respondent by making separate arrangement. He also persuaded the respondent to get a job since her father was a politican and MLA. It was only after shifting to Daltonganj, he took up a separate house. According to the respondent, she continued to maintain her marital relationship with the petitioner that too, on her own expenses. She never deserted the petitioner nor caused any mental torture, cruelty. Therefore, the suit was fit to be dismissed in limine.;