PRAMOD KUMAR Vs. SEEMA SHARMA

JUDGEMENT

(1.) The appellant Pramod Kumar has come up in appeal against the judgment of the Family Court dtd. 11/4/2023, whereby his petition under Sec. 13A of the Hindu Marriage Act, 1955, has been dismissed.

(2.) Brief facts of the case are that marriage of the plaintiff / appellant was solemnized with defendant / respondent Seema Sharma on 19/1/2012, as per Hindu rites and customs. As per plaint averments, after the marriage behaviour of defendant towards the plaintiff and his family members was not good, and she started pressurizing the plaintiff to live separately from his family at Kashipur by selling his part of property situated at Bazpur. Plaintiff was reluctant to this proposal and tried to persuade the defendant, but she was adamant to her demand. Thereafter, defendant started to treat the plaintiff and his family members with cruelty, and even threatened to implicate them in false dowry case. The defendant even did not take interest towards the matrimonial obligations and due to this physical and mental cruelty, no child was born after two years of marriage. It was alleged that on 23/12/2014, Sanjay Sharma, brother of defendant along with 3-4 persons, came to the house of plaintiff and misbehaved and committed maar peet with plaintiff and his family members. Thereafter, defendant deserted the plaintiff, and on her own volition started living at her parental house at Kashipur. On 11/2/2015, defendant lodged FIR No. 51 of 2015, under Sec. 498-A, 504, 506 IPC, and one under Sec. of Dowry Prohibition Act, at police station Bazpur, levelling false allegations against plaintiff and his relatives and family members. According to appellant, after investigation, the matter was disposed of as the allegations against the plaintiff and his family members were found false.

(3.) Subsequently, the plaintiff got instituted petition under Sec. 13-A of the Hindu Marriage Act, for dissolution of marriage between the parties before the Family Court, Kashipur. On 10/12/2019, the Family Court framed the following issues :