SUKESH Vs. SANDEEP KUMAR

JUDGEMENT

(1.) This is a wife's appeal challenging the judgment dated 23rd January, 2012, passed by the Family Court in Suit No. 246 of 2011, Sandeep Kumar Vs. Smt. Sukesh, whereby, the learned Family Court, while deciding the issues, had decreed the suit and has dissolved the marriage by the impugned judgment dated 23rd January, 2012.

(2.) In the appeal, the appellant's contention, while challenging the decree, is that the Family Court had not considered the facts and circumstances of the case and without considering the fact of establishment of cruelty or desertion, normally, the marriage between the husband and wife ought not to be dissolved. It is the case of the wife that once, the husband seeks a dissolution of marriage on the ground of cruelty, desertion and un-chastity, apart from the fact that he has to discharge his burden of proof as unchastity is a serious allegation against a lady, for which, the person claiming a lady to be un-chaste, has to establish by evidence.

(3.) Under the C.P.C., Section 21 C.P.C. has been made applicable which automatically attracts provision of Order 14, which requires that when parties to the suit have exchanged their pleadings either denying or accepting the respective cases, there has to be a conclusion arrived at as to which is material preposition of fact of law affirmed by one party and denied by other. Under Sub-rule 5 of Rule 1 of Order 14, it is the responsibility casted on the Court dealing with the suit that after reading of plaint or written statement, to ascertain as to what preposition of facts and law is at variance and thereafter, it should decide as to what issues are required to be settled between the parties to the dispute.