for three days and thereafter she went to her parental home. In spite of repeated requests made by the petitioners, she did not come to her matrimonial home and therefore a matrimonial suit being Divorce Case No. 311 of 2002 was filed in the Court of the Principal Judge, Family Court at Bhagalpur on 16.09.2002. The O.P.No.2 appeared in the said suit, however, subsequently she lost her interest and the said suit was decreed ex-parte against her and the Principal Judge, Family Court, Bhagalpur vide order dated 08.09.2004, passed the decree of divorce on 08.09.2004 and the marriage of the petitioner No.1 and the O.P.No.2 was dissolved. It is further submitted that the incident dated 21.04.2007, as projected in the complaint, is totally false. It would not be acceptable that a person in whose favour the decree of divorce has been passed, will go to take back his wife. It is further submitted that the O.P.No.2 and all the inquiry witnesses have deliberately concealed the fact of divorce between the petitioner No.1 and the O.P.No.2. No sufficient explanation has been made by the O.P.No.2 as to why the complaint was filed after two years of the alleged incident. The O.P.No.2 has mischievously implicated the minor children of the family as well as the married sister-in-law and her husband making false allegation. The continuance of the present proceeding will be an abuse of the process of the Court and thus the same is liable to be quashed.
