SHEKHARANAND PANDEY Vs. MANJU PANDEY

JUDGEMENT

(1.) The appellant, Shankaranand Pandey, has challenged the legality of the judgment and decree dated 15.02.2018, passed by the Family Court, District Udham Singh Nagar, in Civil Suit No. 166 of 2013, whereby the learned Family Court has dismissed the suit filed by the appellant-plaintiff under Section 13 of the Hindu Marriage Act, 1955.

(2.) Briefly the facts of the case are that Mr. Shankaranand Pandey, and Mrs. Manju Pandey were married on 22.01.2003 in accordance with Hindu customs and rites. During the wedlock, on 12.10.2003 they were blessed with a son. However, the child was physically challenged, and suffers from medical disabilities. According to the appellant-plaintiff, the child is being looked-after by him, and his aged parents. Moreover, according to the appellant-plaintiff, after the birth of the child, the respondent-wife did not care for the child. After taking all her Stridhan and Rs. 20,000/-, on 01.09.2011, the respondent-wife left the matrimonial home. Moreover, according to the appellant-plaintiff, after one year of marriage, the couple did not have any physical relationship. Furthermore, in order to harass the appellant-plaintiff, and his aged parents, the respondent- wife has filed cases against him, under Section 125 Cr.P.C., and has demanded maintenance from him. Despite the best efforts to bring back the respondent-wife from her paternal home, she has refused to join the appellant-plaintiff. Therefore, the plaintiff filed a suit for divorce on both the grounds of cruelty and desertion.

(3.) In order to support his case, the appellant-plaintiff examined three witnesses, including himself. In turn, the respondent-wife examined two witnesses, including herself. After going through the evidence produced by both the parties, the learned Family Court dismissed the divorce suit filed by the appellant-plaintiff. Hence, the present appeal before this Court.