LAWS(UTN)-2017-6-13

BASANT BALLABH BHATT Vs. SMT. REKHA BHATT

Decided On June 12, 2017
Basant Ballabh Bhatt Appellant
V/S
Smt. Rekha Bhatt Respondents

JUDGEMENT

(1.) In the Indian Social System matrimony plays a pivotal role where harmony in relationship is seldom to be severed on trifle issues particularly a matrimonial relation in the instant case which subsisted for last more than three decades.

(2.) The appellant herein is a plaintiff/husband who challenges the judgment dated 04.08.2016, rendered by the Family Court, Nainital, whereby his Suit No.166 of 2011, filed under Section of the Hindu Marriage Act, seeking dissolution of marriage as solemnized with the defendant/respondent on 20.05.1986 was sought to be dissolved.

(3.) Heard Mr. Akhil Kumar Shah, Advocate for the appellant and Mr. Ghanshyam Joshi, Advocate for the respondent (wife). The appellant on 03.09.2011, had instituted the suit invoking section 13 (1) of the Hindu Marriage Act, registered as Suit No.166 of 2011, alleging thereof that on account of minor altercations, and on account of the defendant/wife often now and then have been visited the in-laws of plaintiff, and coupled with the fact she has not returned back from her parents place despite of several earnest request being made by the appellant, it would tantamount to be a cruelty.