PRAMOD SINGH NEGI Vs. AMBIKA NEGI

JUDGEMENT

(1.) This appeal, preferred under Section 19 of the Family Courts Act, 1984, is directed against the judgment and decree dated 17.03.2009, passed by Principal Judge, Family Court, Dehradun, in Suit No. 370 of 2004, whereby said court has dismissed the petition filed under Section 13 of the Hindu Marriage Act, 1955, by the husband.

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

(3.) Brief facts of the case are that Petitioner/Appellant Pramod Singh Negi got married to Respondent Ambika Negi on 30th of November 1991, according to Hindu rites, at Dehradun. Out of the wedlock three children (one son and two daughters) were born. Out of the three children, one son and one daughter are living with the father (Petitioner/Appellant), and one daughter is living with her mother (Respondent). The Petitioner/Appellant moved an application in the year 2004, before the trial court, under Section 13 of the Hindu Marriage Act, 1955, seeking divorce on the ground of cruelty. It is pleaded by him that after about four years of marriage, the Respondent started treating the Petitioner with cruelty. It is alleged by him that his mother and father were beaten by the Respondent. It is stated by the Petitioner/Appellant in the petition that he is an Assistant Teacher in District Tehri Garhwal. Alleging that Petitioner's life has been made miserable by the Respondent by her behaviour, it is prayed that the decree of divorce be granted.