KANWAL KISHORE GIRDHAR Vs. SEEMA GIRDHAR

JUDGEMENT

(1.) The appeal under Sec. 19 of the Family Courts Act, 1984 read with 28 Hindu Marriage Act 1955 has been filed by the petitioner/husband against the Judgment dtd. 9/10/2018, vide which his petition under Sec. 13 (i) (ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), has been dismissed.

(2.) Briefly stated, the parties got married on 9/5/1998, according to the Hindu Rites and Customs at Arya Samaj Temple at Baroda, Gujarat. The marriage was consummated and two daughters were born from their wedlock on 25/3/1999 and 15/10/2004 respectively.

(3.) The petitioner/husband has asserted in his Divorce Petition that he was working in Indian Army at the time of marriage, while the respondent was a PHD in Management and was working as a lecturer and earning good salary. The temperamental differences inter se the parties grew and the respondent left the matrimonial home in May, 1999, without any justiciable cause. She made a complaint to his Commanding Officer and consequently, directions were passed for deduction of Maintenance Allowance from the salary of the petitioner, to be paid to the respondent directly, w.e.f. July, 1999.