DAYAL JOSHI Vs. USHA JOSHI

JUDGEMENT

(1.) This appeal, preferred under Section 19 of Family Courts Act, 1984, is directed against the judgment and order dated 16.6.2010 passed by Judge, Family Court, Nainital, in Suit No. 128 of 2007 whereby said Court has dismissed the petition of the Appellant, moved under Section 13 of Hindu Marriage Art, 1955.

(2.) Heard learned Counsel for the parties and perused the papers on record.

(3.) Brief facts of the case are that the Appellant Dayal Joshi got married to Respondent Uma Joshi on 24.4.1992 in Mehat Gaon, District Almora. A female child (named Khusbu) was born out of the wedlock on 31.10.1995. The Appellant/husband lives in Udaipur where he is employed with Hindustan Zinc Limited. It appears that after a couple of years of marriage, the parties to matrimony started quarrelling and their relations got soured. The husband/ Appellant filed a divorce petition in the year 2006 alleging that his wife used to quarrel with him and did not pay respect to his parents. He has further alleged that the Respondent (wife) did not even care to see her daughter Khusbu when she was suffering from illness. It is also pleaded by the husband that the wife left her matrimonial home in the year 1996 leaving the young female child with him. He has also pleaded that on several occasions he made efforts to bring back his wife but to no avail. Lastly it is pleaded by the husband that for more than ten years the parties to matrimony are living separately, and now it has become impossible for them to live together, as such the decree of divorce is prayed.