DEVENDRA KUMAR Vs. SMT. MANITA

JUDGEMENT

(1.) While questioning the veracity of the judgment dated 7th October, 2015, passed by the Additional Judge, Family Court, Roorkee, District Haridwar, in Suit No. 32 of 2013. The appellant before this Court has filed the instant appeal on the ground that there has been a gross miscarriage of justice for the reasons that the Court below has not applied its judicious mind while considering the facts and evidence on record.

(2.) The learned counsel for the appellant further submitted that it is the duty of the wife to perform her matrimonial obligations. As there was a failure on her part as the respondent wife has deserted the plaintiff/appellant without any rhyme and reason it will amounts to be cruelty within the ambit of Section 13 of the Hindu Marriage Act.

(3.) It was submitted that when a wife restrains a husband from permitting him to meet his daughter, thereby, creating an impediment in the emotional and sentimental relationship of daughter and father, it partakes the shape of a cruelty.