HARISH KUMAR Vs. SARITA

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 25/2/2020 passed by the learned Principal Judge, Family Court, East in HMA No. 292/2017 preferred by the appellant/petitioner.

(2.) By the impugned Judgment the petitioner's divorce petition under Sec. 13 (1) (ia) of the Hindu Marriage Act, to seek divorce from the respondent on the ground of cruelty, has been dismissed since the Family Court found that the petitioner had not been able to establish the said ground. The parties were married on 20/4/2008 according to Hindu rites and ceremonies. From their wedlock, two children i.e., a son and a daughter were born on 25/9/2009 and 9/3/2012 respectively. Both the children are residing with the respondent wife. The petitioner has been residing separately since October, 2014. He preferred the aforesaid divorce petitionon 13/10/2014. In paragraph 18, the Learned Principal Judge has called out the allegations of matrimonial misconduct alleged by the Appellant. The same reads as follows:

(3.) The Family Court has held that the allegations are bereft of particulars in pleadings and remained unsubstantiated during the trial. Consequently, the divorce petition was dismissed.