GANESH TIWARI Vs. KAMLA TIWARI

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 5-5-2014 passed by the 1st Additional District Judge, Surajpur (CG) in Civil Suit No. 42-A of 2009 wherein the said court dismissed the application filed by the appellant/plaintiff for divorce under Section 13 of the Hindu Marriage Act, 1955 (for short, "the Act, 1955").

(2.) Appellant/Plaintiff filed an application under Section 13 of the Act,. 1955 on the ground that the marriage of appellant/plaintiff and respondent/defendant was solemnised in the year 1980 and out of their wedlock four daughters were born. The appellant is posted at South Eastern Coal Fields, Charcha. Appellant has purchased the house and agricultural land at village Anrokha and the defendant was taking care of the said property. The respondent is residing separately since 1988 and she has left the matrimonial house and thereafter she did not join the company of the appellant, that is why application was filed before the trial court on 13-11-2009 which was dismissed by the said court as mentioned above.

(3.) Learned counsel for the appellant submits as under.