VIKAS SHARMA Vs. ANITA SHARMA

JUDGEMENT

(1.) Both these appeals, preferred under section 19 of Fam-ily Courts Act, 1984, are directed against judgment and order dated 25.08.2010, passed by Principal Family Court, Dehradun, in suit No. 70 of 2008, whereby said court has dis-missed the petition filed by appellant Vikas Sharma for a decree of divorce under section 13 of Hindu Marriage Act, 1955, and counter-claim for restitution of conjugal rights is decreed in favour of the wife.

(2.) Heard learned counsel for the appellant and perused the lower court record.

(3.) Brief facts, of the case, are that appel-lant Vikas Sharma got married to respondent Anita on 07.10.2005, following the Hindu rites at Dehradun. He (Vikas Sharma) is a rifle-man in Indian Army and was posted in Manipur at the time of his marriage. A son (named Prem) was born out of the wed-lock on 04.07.2006. Petitioner's case is that he is the only son of his parents who are unwell. The appellant/petitioner filed a petition un-der section 13 of Hindu Marriage Act, for a decree of divorce against his wife on the ground that she (Anita) has withdrawn from the society of the appellant/petitioner with-out any sufficient cause and as such deserted him. He also pleaded that the respondent threatens the appellant to implicate him in false dowry harassment case. Also in the petition, filed before the trial Court prayer was made by the appellant/petitioner that he should be given custody of the son born out of the wed-lock who is living with the re-spondent. It is also pleaded by the petitioner/ appellant in his petition that he is already paying maintenance to his wife and son. It is also pleaded that he moved a petition under section 9 of Hindu Marriage Act, 1955, for restitution of conjugal rights, but the same was got dismissed as not pressed. In sub-stance, divorce petition was filed on the ground of desertion and cruelty.