HEMANT KUMAR PATEL Vs. UMA PATEL @ TOSHIKA PATEL

JUDGEMENT

(1.) Challenge in this appeal is levied to the judgment and decree dated 11.12.2014 passed by the Additional District Judge, Sarangarh, District Raigarh in Civil Suit No. 3-A/2012 vide Annexure A-1 whereby and whereunder the trial Court dismissed the divorce petition filed by appellant under section 13 of the Hindu Marriage Act, 1955 (in brevity 'the Act, 1955').

(2.) This is admitted by respondent that name, occupation of both parties shown in the title of the application are true, both parties are Hindu by religion and governed by Mitakshara Branch of Hindu Law, marriage of both parties was solemnized on 09.07.2010 in accordance with Hindu rights and rituals at village Kumhari, after the marriage she resided in appellant's parental house at village Timerlaga, thereafter, she went to her maternal house at Kumhari, she returned back on 20.07.2010 at Raipur where appellant was residing, both parties had led conjugal life at Raipur, she has received a notice dated 27.11.2010 sent by appellant, now she is not living with him.

(3.) In brief, the appellant's case is that respondent was not behaving properly, she used to go some other places leaving the school without intimating him, she was making quarrel with him on petty matters, she was not inclined to sexual intercourse. On 17.10.2010 by 8 pm a quarrel occurred between them on account of meals, on the next day when he returned back from his duty by 9 am then he found that she was not present in the house and had gone away to her maternal house along with her bag and baggages. He has lodged the report on 24.10.2010. He had tried for brining her back but she did not come with him. She did not reply his notice.