PRIYANK CHAUHAN Vs. VINITA CHAUHAN

JUDGEMENT

(1.) The present First Appeal, filed under Sec. 19(1) of the Family Courts Act, 1984, has been preferred by the appellanthusband assailing the judgment and decree dtd. 31/8/2019 passed by the learned Additional Judge, Family Court, Rishikesh, District Dehradun, in Original Suit No. 133 of 2017, Priyank Chauhan v. Smt. Vinita Chauhan, whereby the suit under Sec. 13 of the Hindu Marriage Act, 1955 ('the Act') filed by the appellant seeking dissolution of marriage on the grounds of cruelty and desertion was dismissed.

(2.) Brief facts of the case, as per record are that the marriage between the appellant and respondent was solemnized on 20/4/2008 according to Hindu rites and customs and two children--a son and a daughter--were born out of the said wedlock. The appellant alleged that soon after marriage, differences arose due to the respondent's hostile behaviour towards him and his parents. It was pleaded that for nearly nineteen months prior to filing of the suit, there had been no cordial marital relationship; that the respondent deprived him of conjugal companionship, frequently insulted him before relatives and colleagues, and subjected his aged parents to mental distress, resulting in their deteriorating health. The appellant sought dissolution of marriage on the grounds of cruelty and desertion.

(3.) Upon notice, the respondentwife entered appearance and filed her written statement denying all allegations. She alleged that soon after marriage, the appellant and his family demanded a house at Dehradun and, upon her refusal, subjected her to harassment. It was further alleged that her parents had already given 1,00,000 at the time of marriage, yet the appellant again demanded the same amount for his sister's marriage. On her inability to meet this demand, the appellant became abusive and hostile. She further claimed that the appellant's parents were influencing him to divorce her and remarry for dowry, and that despite her efforts to maintain harmony, the appellant abandoned her and the children without maintenance.