AMIT Vs. NUPUR

JUDGEMENT

(1.) The petition filed by the present appellant in the Court of Judge, Family Court Belagavi, at Belagavi (henceforth referred to as 'Family Court' for brevity), against the present respondent under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 (henceforth referred to as 'the Act' for brevity), seeking dissolution of his marriage with the respondent came to be dismissed by the judgment of the Family Court dated 01.12.2014. Being aggrieved by the said judgment, the appellant has preferred this appeal.

(2.) The summary of the case of the appellant in the Family Court was that;

(3.) The learned counsel for the appellant in his argument submitted that, the respondent-wife has made it very specific and clear that she has determined not to join her husband even if the Court passed an order to join him. This shows that she has decided to permanently live separately from her husband for no valid reasons. The learned counsel further submitted that the respondent-wife has made several serious allegations against her husband including suspecting his chastity, accusing him of undergoing second marriage with another lady and also of being a chronic alcoholic. However, she failed to substantiate the accusation made against her husband. Those facts of living separately from her husband for more than eight years and making baseless serious allegations against her husband itself proves desertion and cruelty. The said aspect has not been properly appreciated by the Family Court and as such, the impugned judgment deserves to be set aside and the petition deserves to be allowed.