RAM PRASAD NEPANE Vs. HIRA NEPANE

JUDGEMENT

(1.) The appeal is directed against the order of the Family Court, Rishikesh, by which the petition filed seeking the dissolution of marriage has been dismissed. The order reads as follows:-

(2.) A perusal of the order would show that the Court has merely referred to his perusing the file and that the appellant had filed Original Suit No. 343 of 2008, which was dismissed on merit. The translated copy of the impugned order further shows that the Family Court, on this basis, has dismissed the same in absence of sufficient ground. According to the appellant, in fact, the earlier suit had been compromised and the respondent did not act in terms of the compromise and the allegation is one of cruelty.

(3.) It is common case that the order was passed without issuing notice to the respondent. We are of the view that the impugned order does not reflect application of mind to the contentions. We are certainly not satisfied with the manner in which the order has been written. In the matter of this nature, we would expect the Court to write a sufficiently elaborate order giving reasons, particularly, when it is being rejected by merely stating absence of sufficient ground and without referring to the contents of the present petition and the effect of the compromise which was entered into in the previous litigation launched by the appellant.