NITIN KUMAR SHUKLA Vs. NEHA PANDEY (SHUKLA)

JUDGEMENT

(1.) Appellant- husband has filed this appeal under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 (in short "the Act") against the judgment and decree dated 16.11.2016 passed by the Family Judge, Family Court, Durg in Civil Suit No.713A/2014 by which his divorce petition under Section 13 of the Act was dismissed.

(2.) The uncontroverted facts are that the appellant was married to the respondent on 8.2.2012 as per Hindu rites at Durg. They lived together till 28.6.2012 and since then they are living separately. Appellant filed a petition seeking dissolution of marriage by way of a decree of divorce mainly on the ground of cruelty. In the divorce petition, the appellant husband pleaded that the respondent does not want to make any physical relationship with him and that she is not residing with him since long. Respondent-wife filed her reply denying all the allegations of cruelty, desertion etc. According to her, the appellant husband himself was not ready to live with her and wanted a divorce. She never lodged any complaint regarding harassment and cruelty for demand of dowry against the appellant and his family members.

(3.) The Family Judge vide impugned judgment and decree dismissed the appeal by holding that the appellant failed to prove that he was treated with cruelty by the respondent wife. Hence this appeal.