DR. ANITA Vs. INDRESH GOPAL KOHLI

JUDGEMENT

(1.) Leave granted.

(2.) The appellant (wife) is aggrieved by the judgment dtd. 20/9/2019 passed by a Division Bench of the High Court of Uttarakhand at Nainital, whereby appeal of the respondent (husband) was allowed, his petition filed under Sec. 13 of the Hindu Marriage Act, 1955 (for short, the "Act ") was accepted, and the marriage between the parties was dissolved by way of a decree of divorce on the ground of cruelty.

(3.) The parties got married on 20/5/2009. A male child was born from wedlock on 7/3/2010. Unfortunately, the parties, on account of marital discord, started contesting litigation soon thereafter, with the respondent filing Civil Suit No.59/2010 seeking divorce on the ground of cruelty. The said petition was, however, withdrawn by him. Soon thereafter, the respondent filed a second case in 2013 seeking divorce under Sec. 13(1)(i)(b) of the Act, i.e., on the grounds of desertion. The appellant contested that case. The trial court dismissed the divorce petition on 15/2/2018. The aggrieved respondent preferred first appeal, which has been allowed by the High Court vide the impugned judgment.