YOGESH CHANDRA JOSHI Vs. MUNNI JOSHI

JUDGEMENT

(1.) This appeal, preferred under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955, is directed against the judgment and decree dated 29.3.2010 passed by Judge, Family Court, Nainital in Suit No. 125 of 2008, whereby the Trial Court has dismissed the petition filed by husband/Appellant 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/ Appellant Yogesh Chandra Joshi got married to Respondent Munni Joshi on 27.5.1998 in district Nainital. Two children (a son and a daughter) born oat of the wedlock. It is pleaded by the husband (Appellant) that after the marriage, behaviour of his wife was cruel towards him and she treated him with cruelty. It is pleaded that the Petitioner is a teacher in a Government Intermediate College. It is alleged by him that the Respondent used to hurl abuses at him and his family members time and again by saying (sic). It is further alleged that this she used to say in the presence of the friends and relatives. As such, the Petitioner was insulted by the Respondent. It is also pleaded by the husband (Appellant/Petitioner) that after the Respondent left Petitioner's house, he made efforts to call back his wife to his house, but she threatened him to implicate in the false cases of dowry harassment. With these pleadings, as aforesaid, a decree of divorce was sought by the husband by moving an application under Section 13 of the Hindu Marriage Act, 1955.