ANAND SINGH Vs. SMT. KUNTI

JUDGEMENT

(1.) This first appeal is instituted against the judgment dated 09.07.2013 rendered by the learned Principal Judge, Family Court, Dehradun in Original Suit (Divorce Petition) No. 2 of 2009.

(2.) Key facts, necessary for adjudication of this appeal are that the marriage between the petitioner and the respondent was solemnized according to the Hindu rites on 18.10.2000. The appellant (husband) filed a petition under Sec. 13 of the Hindu Marriage Act, seeking divorce from the respondent (wife). According to the averments made in the petition, the respondent (wife) has left his company without any reasonable ground. Her behaviour towards the appellant was cruel. She has filed complaint against him in the Police Station. The allegations made by the appellant have been denied by the respondent (wife). According to the respondent, she was thrown out of her matrimonial house on 14.07.2003. She shifted to Dehradun for her livelihood. She has never misbehaved with the appellant. The learned court below has dismissed the petition, as narrated herein above. Hence, this appeal.

(3.) The marriage between the parties was solemnized on 18.10.2000. According to the appellant, the respondent has deserted him on 02.07.2003. According to the respondent, she was thrown out of her matrimonial house on 14.07.2003. The appellant is not maintaining her. There is persistent demand of dowry by the appellant. It is in these circumstances, the complaint was also filed before the Police. Though, according to the appellant, respondent has misbehaved with him on a number of occasions, but no independent witness has been produced. Even appellant has not produced his brother Mahesh to substantiate his plea. It is not believable that the appellant was thrown out of the house by the respondent, rather it is the appellant, who has thrown out the respondent from the matrimonial house.