PRATIMA MANDAL Vs. VEERU MANDAL

JUDGEMENT

(1.) Present first appeal is directed against the impugned judgment and decree dated 28.09.2016, passed by learned Judge, Family Court, Udham Singh Nagar, in civil suit no. 549 of 2015, Veeru Mandal vs Smt. Pratima Mandal, whereby the petition filed by the husband under Section 13 of the Hindu Marriage Act, 1955, has been allowed ex parte and the marriage between the husband and wife has been dissolved.

(2.) Respondent-Husband filed a matrimonial suit against the appellant-wife for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955, in the court of Judge, Family Court, Udham Singh Nagar. Appellant-wife did not appear before the family court despite service of summons upon her through post and, therefore, the suit proceeded ex parte against her. Respondent-husband filed his affidavit along with affidavit of one Vimal Mandal in support of his case.

(3.) It was deposed in the affidavits that the marriage of respondent-husband and appellant-wife took place on 10.03.2010, according to Hindu rites and rituals, in District Udham Singh Nagar. The wife used to visit her parental home without information and concurrence of her husband. She also used to stay there for long. She also pressurized her husband to stay at her parental home. Finally, she left here matrimonial home in April 2013 and as such left the company of her husband. Wife is not ready for restitution of her conjugal rights. Learned Judge, Family Court, therefore, relying upon the affidavits of the husband and his witness, as also the averments contained therein, allowed the matrimonial suit filed under Section 13 of the Hindu Marriage Act, 1955. The marriage between the respondent-husband and appellant-wife was dissolved by a decree of divorce, vide judgment and decree dated 28.09.2016.