VIMLA PATHAK Vs. MAHESH CHANDRA PATHAK

JUDGEMENT

(1.) This appeal, preferred under Section 19 of the Family Courts Act, 1984, is directed against the judgment and decree dated 30th of March 2010, passed by Judge, Family Court, Nainital, in Suit No. 34 of 2004, whereby said court has granted decree of divorce in favour of the husband (Respondent) on his petition under Section 13 of the Hindu Marriage Act, 1955.

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

(3.) Brief facts of the case are that Petitioner/Respondent Mahesh Chandra Pathak got married to Appellant Vimla Pathak on 12.03.2000, according to Hindu rites, in village Dhamola, Tehsil Kaladhungi, District Nainital. The parties to the matrimony lived together for three months only, and since then, living separately. There is no issue born out of the wedlock. It is pleaded by the husband in his petition under Section 13 of the Hindu Marriage Act, 1955, that his wife (Appellant) has deserted him, and withdrawn from his society without any sufficient cause. It is further pleaded that on 21.01.2002, she filed a false criminal case relating to offence punishable under Section 498-A of I.P.C., and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961, in which police filed a final report. However, the proceedings of said case are pending after the protest petition was filed by the wife. The Petitioner sought a decree of divorce not only on the ground of desertion, but also on the ground of cruelty.