PREETI SINGHANIA Vs. BANWARILAL SINGHANIA

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and decree dtd. 20/6/2017 by which the appellant's appeal for grant of decree of divorce filed under sec. 13 (1)(A) of the Hindu Marriage Act, 1955 has been dismissed.

(2.) The appellant filed a suit before the Family Court seeking decree of divorce under sec. 13 (1) (A) of the Hindu Marriage Act primarily on the pleadings that earlier there had been a decree of judicial separation passed by the Family Court on 7/1/2016 in Civil Suit No. 470-A/2013. It was pleaded inter alia that ever since the decree passed by the Family Court on 7/1/2016, there has been no resumption of cohabitation as between the parties for a period of more than one year. The appellant further pleaded cruelty by the respondent during the period from the date of passing of the judgment/decree till the filing of the suit. Respondent remained ex-parte before the court below.

(3.) Learned Family Court dismissed the application by recording a finding that the appellant failed to prove the cruelty.