NAVAL KISHORE SEHGAL Vs. GURBACHAN SEHGAL

JUDGEMENT

(1.) After more than two decades of solemnisation of marriage and ten years of separation, the appellant/husband filed a petition seeking dissolution of marriage on account of cruelty but at the same time pleading that parties have been residing separately for more than twelve years. Why he preferred not to seek dissolution of marriage on account of desertion as well, cannot be ascertained from the record. On the basis of averments made in the divorce petition and appreciating the evidence led in support thereof, learned Judge, Family Court held that the accusations of cruelty against the wife could not be proved. This resulted in dismissal of the divorce petition.

(2.) The judgment and decree dated July 02, 2015 has now been assailed by the appellant/husband before this Court in the hope that the marriage having become dead, he may be able to get the marital ties with the respondent/wife snapped.

(3.) Learned counsel for the appellant/husband during hearing of the appeal was time and again requested to show from the record how the grounds taken by him to prove cruelty and the evidence led in support thereof can establish that the learned Judge, Family Court misdirected himself while dealing with those grounds or failed to appreciate the evidence in correct perspective. Unfortunately learned counsel for the appellant/husband drew complete blank. He submitted that written submissions have already been filed and the same may be considered.