PATNA, India, Oct. 24 -- Patna High Court issued the following judgment on Sept. 25:

Heard the parties.

2. The appellant has come up in this appeal against judgment dated 08.07.2011 and decree dated 21.07.2011 passed by the learned Principal Judge, Family Court, Vaishali at Hajipur in O.S. Case No. 162 of 2010, whereby the petition filed by the respondent No. 1 under Section 27 of the Special Marriage Act, seeking dissolution of marriage by a decree of divorce, has been allowed ex-parte.

3. The pleaded case of the respondent No. 1 in his petition filed before the Family Court is that the respondent No. 1 and the appellant had performed love marriage on 01.03.2004 and registered their marriage at the Civil Court, Patna. The marriage was consummated and a female-child was born out of the wedlock. The religion of the respondent-husband and the appellant-wife was different. Initially at the time of marriage, the appellant-wife accepted the proposal of the respondent No. 1 to convert herself into Hinduism but subsequently she denied and pressurized the respondent No. 1 to convert into Islam. The respondent No. 1 took good care of the appellant while she delivered a female child and when he went to to the place of his sertice at Pune, he managed to get a rented house for the appellantwife at Hajipur to live with her father and also provided a servant namely Chandrika Paswan (respondent No. 2). The appellant thereafter pressurized the respondent No. 1 to transfer one kattha of land in her name which was denied by the respondent-husband. However, in order to maintain peace in the family, the father of the respondent-husband had transferred one kathha of land to the appellant-wife through a registered sale-deed on 21.09.2007. In the year, 2007 itself, when the respondent-husband told her to accompany him at his place of posting, she flatly denied and also refused to cohibit with him. The appellant, in order to put pressure upon the respondent-husband has filed criminal cases against him and other in-laws family members. The respondent-husband made all his efforts to bring the appellant back to her matrimonial house but she was not ready to live with the respondent-husband and started living separately from 17.11.2007. The appellantwife has also filed a case for maintenance. The respondenthusband subsequently came to know that appellant-wife has illegal marital affairs with respondent No. 2 and they both are living together as husband and wife.

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