PRAKASH CHANDRA Vs. JANKI ARYA

JUDGEMENT

(1.) This appeal preferred under Section 19 of Family Court Act, 1984 is directed against the judgment and order dated 8th October, 2010 passed by Judge, Family Court, Nainital in Suit No. 73 of 2006, whereby said Court has dismissed the petition of the Appellant/ Petitioner, moved under Section 13 of the Hindu Marriage Act, 1955, for divorce.

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

(3.) Brief facts of the case are that Appellant/ Petitioner Prakash Chandra filed a petition under Section 13 of the Hindu Marriage Act, 1955 before Family Court, Nainital in the year 2006 stating that he got married to Respondent No. 1 Janki Arya on 04.06.1998 following the Hindu rites in District Almora. After the marriage, the couple lived in the ancestral house of the husband, for about two years where after both husband and wife came to Haldwani (District Nainital) and lived as tenants in the house of Defendant No. 2 Vinod Kumar Arya. Appellant/ Petitioner is employee with Almora Urban Cooperative Bank Ltd., Branch Haldwani. The allegations are made by the Petitioner in the petition that after the Petitioner used to leave his house for office (Bank), his wife (Respondent No. 1) started passing time with different persons. After sometime, she also started living with other people by leaving the Petitioner for about a week or so. It is specifically pleaded by the Petitioner/Appellant in the petition for divorce that on 25.03.2004 when P.W.2 Nandi Devi, aunt of the Petitioner went to his house and knocked the door she found that Respondent No. 1 Janki Arya was all alone with Respondent No. 2 Vinod Kumar Arya. The two were in objectionable position. P.W.2 Nandi Devi when saw Respondents in said situation, the Respondent No. 1 immediately apologized and promised that she would not repeat that conduct. Alleging that Respondent No. 1 Janki is living in adultery, the Petitioner sought divorce on that ground.