Pramod Kumar Sharma v. Sunita Kumari @ Guriya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.667 of 2013 =========================================================== Pramod Kumar Sharma, Son of Late Kishori Sharma, resident of Puraniganj, P.S. Kasim Bazar, District - Munger, present address - Jamalpur, Janta Moar, gali, of Bangali School, P.S. Jamalpur, District Muzaffarpur .... .... Appellant/s
Versus
Sunita Kumari @ Guriya wife of Pramod Kumar Sharma, resident of Mohalla - Puraniganj, P.S. Kasim Bazar, District Msunger. At present Village - Chhoti Keshopur, Nakki Nagar, P.S. Jamalpur, District - Munger .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. T. N. Maitin, Sr. Advocate Mr. Rajeev Kumar Sinha, Advocate For the Respondent/s : None =========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE V.N. SINHA) Date: 06-07-2015 Heard learned counsel for the appellant.
2. Appellant is the husband. He has filed this appeal assailing the impugned judgment dated 20.08.2013 passed by Principal Judge, Family Court, Munger in New Case No. Mat - 1060 of 2013/ Old Case No. T.S. (Mat) 70 of 2010 whereunder request of the husband to dissolve his marriage with respondent-wife has been refused after taking into account the evidence adduced by the parties i.e. P.Ws. 1 and 2 on behalf of the appellant and respondent-wife, who was also put few questions by the appellant, which are quoted in paragraph 11, page 5 of the impugned judgment.
3. From the question and answer, it appears that appellant
Patna High Court MA No.667 of 2013 dt.06-07-2015 2/2 is suffering from phobia that his wife may poison him as earlier she has attempted to poison his mother, which fact is not even mentioned in the petition. The other ground taken in support of the appeal that wife was cruel to husband as she refused to cohabit also does not appear to be true from the answer to question no.1. It also appears from the evidence that wife was subjected to abortion because of the assault made by the husband.
4. In the circumstances, I do not find any merit in the appeal, which is dismissed.
(V.N. Sinha, J.) (Nilu Agrawal, J.) Arjun/- U T