SHAILENDRA TRIPATHI Vs. ASHA

JUDGEMENT

(1.) The present Appeal, under Sec. 19 of the Family Courts Act, 1984 read with Sec. 28 of the Hindu Marriage Act, 1955, is directed against the judgment and decree dtd. 20/12/2019 passed by the Principal Judge, Family Court, Haldwani in Case No. 334 of 2014.

(2.) By the impugned judgment, the Family Court has dismissed the divorce petition preferred by the appellant-husband, under Sec. 13(1)(ia),(ib) of the Hindu Marriage Act, 1955, on the grounds of cruelty and desertion.

(3.) The parties were married on 4/5/2012. According to the appellant-husband, the respondent left the matrimonial home on 5/7/2012 i.e. just after two months of the marriage. According to the appellant-husband, the respondent-wife did not return to her matrimonial home, and, consequently, he filed the divorce petition, as aforesaid, on 12/12/2014. It was the case of the appellant-husband that the respondent-wife never returned to her matrimonial home, and her conduct evidenced her intention to desert the appellant-husband.