MANISH ADHIKARI Vs. BINDIYA ADHIKARI

JUDGEMENT

(1.) The plaintiff appellant in the instant appeal has challenged the judgment dated 18th August, 2015, rendered by the Family Court, Dehradun, in Original Suit No. 327 of 2009, Manish Adhikari Vs. Bindiya Adhikari, filed by the appellant for dissolution of marriage, which was dismissed. The facts of the case are that as per the plaint allegation of the appellant, he contended that the marriage between him and the defendant was solemnized on 7th March, 2007, according to the Hindu rites and rituals at Dehradun.

(2.) Normally, as it happens, at the initial stages, the matrimony between them proceeded in harmonious circumstances where both husband and wife showered all love and affection to each other. According to the husband, at a later stage, the respondent wife started creating trouble in her relation with the appellant and his family members and often, now and then, due to minor misunderstandings, she started quarreling on trifle issues. Despite of the best efforts made by the appellant to pacify the altercations, but, the same remained unchanged and the behaviour of the respondent wife continued to be acrimonious. According to the husband appellant, respondent wife left the house of the appellant on 1st January, 2008, voluntarily and without there being any reason. It was the case of the appellant that since 01.01.2008, they are living separately without any cohabitation and without having any relationship as of husband and wife. On account of non establishment of any relationship, there was no issue, born out of the wedlock.

(3.) As a result of the aforesaid misunderstanding, the appellant filed the suit on 3rd August, 2009. The basic foundation of the suit was that day-to-day cruelty and also the desertion when she left the home of in-law in January, 2008.