Shashi Kumari vs Bikramjeet on 19 July, 2019
7. The petitioner not having any source of income and
also her father having died, clearly is in a disadvantageous
position. This would, thus, be a major consideration for the Court
to consider her convenience. Further, the fact that the opposite
party was blessed with a child and after retirement from service in
the Indian Navy in the year 2011, the divorce case having been
filed only in the year 2017, clearly demonstrates that the opposite
party had no genuine and real grievance against the petitioner.
Moreover, his bona fide is also suspect for the reason that for six
years after returning to Darbhanga, when his wife and son were
Patna High Court MJC No.2447 of 2018 dt.19-07-2019
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not with him, he took no steps, either to be reunited with the wife
or for custody of the son. Thus, his plea of torture by the petitioner
has to be taken with a pinch of salt. The Court also finds that in the
facts and circumstances of the present case, the decision of the
Hon'ble Supreme Court in Reena Bahri (supra) and of a co-
ordinate Bench in Smirti Singh (supra) fully covers the issue in
favour of the petitioner.