MONIKA TAMRAKAR Vs. PRASHANT KUMAR TAMRAKAR

JUDGEMENT

(1.) The present appeal is filed under Sec. 19(1) of the Family Court Act, 1984 arising out of the Judgment and Decree dtd. 23/8/2019, passed by the learned First Additional Principal Judge, Family Court, Raipur, in H.M.A. Case No. 213/2016, whereby the marriage between the appellant and the respondent has been dissolved.

(2.) Facts of the case, in a nutshell, are that the marriage between the appellant (Smt. Monika Tamrakar) and the respondent (Shri Prashant Kumar Tamrakar) was solemnized on 28/6/2009 in accordance with Hindu rites and customs. From this wedlock, a male child, Master Samarth Tamrakar, was born on 5/6/2010. The said child is presently residing with his mother, the appellant herein, at her parental home in Bilaspur (C.G.).

(3.) The respondent / husband filed a petition under Sec. 13 of the Hindu Marriage Act, 1955, before the learned Family Court, Raipur, seeking dissolution of the said marriage. The grounds taken in the said petition were cruelty and desertion allegedly committed by the appellant. That the appellant / wife contested the said petition by filing her detailed written statement, wherein she categorically denied all the allegations levelled against her by the respondent. Both parties led evidence in support of their respective cases. Witnesses from both sides were duly examined and cross-examined before the learned Family Court. Despite the firm denial of all charges by the appellant and substantial efforts to save the marital relationship, the learned First Additional Principal Judge, Family Court, Raipur, vide Judgment and Decree dtd. 23/8/2019 passed in H.M.A. Case No. 213/2016, allowed the petition filed by respondent and decreed dissolution of marriage.