LAWS(UTN)-2010-10-120

AJAY KUMAR GUPTA Vs. ANAMIKA GUPTA

Decided On October 28, 2010
AJAY KUMAR GUPTA Appellant
V/S
ANAMIKA GUPTA Respondents

JUDGEMENT

(1.) This appeal, preferred under Section 19 of Family Courts Act, 1984, is directed against the judgment and decree dated 11.05.2010 passed by Judge, Family Court, Udham Singh Nagar in matrimonial suit No. 160 of 2004, whereby the petition filed by the appellant under Section 13 of Hindu Marriage Act, 1955 for divorce, has been dismissed.

(2.) Heard learned Counsel for the parties and perused the lower court record.

(3.) Brief facts of the case are that petitioner/ appellant Ajay Kumar Gupta got married to respondent Anamika Gupta on 02.07.1997 according to the Hindu rites, after the marriage, the couple started living in Kashipur District U.S. Nagar. It is stated that a female child was born out of the wedlock but died. It is alleged by the petitioner/appellant in his petition under Section 13 Hindu Marriage Act, 1955, filed before the trial court, that in March, 1998 respondent left the company of her husband and started living in Moradabad. She used to work with a firm known as M/s. Garg and Sons. The petitioner had also suspected that she is not living a life of chaste woman. It is further pleaded by the petitioner that he made every efforts to bring back his wife but failed. He has further pleaded that respondent is living separately from him without sufficient reasons for more than six years. With these pleadings, petitioner had prayed for divorce.