RISHI MOHAN NAUTIYAL Vs. SHASHIBALA

JUDGEMENT

(1.) This appeal preferred under Section 19 of Family Court Act, 1984 is directed against judgment and order dated 31.10.2009 passed by Additional Judge, Family Court, Rishikesh, Dehradun in suit No. 35 of 2007, whereby the said court has dismissed the petition moved by the petitioner (husband) 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 the appellant/petitioner Rishi Mohan Nautiyal got married to respondent Shashibala on 15.01.2005 at Moradabad according to the Hindu rites. Out of wedlock one daughter named Bhumika was born on 14.04.2006. The petitioner (husband) filed a petition under Section 13 of Hindu Marriage Act, 1955 against respondent seeking divorce on the ground of cruelty. It is pleaded by him in the petition that the behaviour of the respondent with the petitioner was cruel. He has pleaded that she (respondent) used to abuse the petitioner. It is also alleged that she used to assault him. It is also stated in the petition that on 10.06.2007, the respondent crossed all the limits and poured kerosene oil on the petitioner.Petitioner (husband) has further pleaded that on that day police was called (by the husband). It is alleged by the writ petitioner that respondent (wife) left her matrimonial house on 22.06.2007, and since then she is living in her parental house.