NARESH KUMAR SAINI Vs. SHEETAL SAINI

JUDGEMENT

(1.) This appeal is filed by the appellant (husband) against the judgment and decree dated 24.10.2016 passed by the Additional Judge, Family Court, Roorkee, District Haridwar in Original Case No. 13 of 2014 Naresh Kumar Saini vs. Smt. Sheetal Saini, by which learned Additional Judge, Family Court, Roorkee, District Haridwar declined to grant the decree of divorce on the ground of cruelty.

(2.) The brief facts of the case, which are necessary to notice for deciding the appeal, are that admittedly, the appellant got married to the respondent on 09.02.2006. Out of this wedlock, one daughter was born on 11.10.2007. She is living with the respondent. Both, the appellant and the respondent, are living separately since 02.01.2014. The appellant is a Junior Engineer in the Provincial Works Department of Kotdwar, District Pauri Garhwal.

(3.) The appellant filed a petition for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the "Act, 1955") on the ground of "cruelty".