KHARAK SINGH DASILA Vs. SMT. PREMA DASILA

JUDGEMENT

(1.) This appeal has its genesis from the proceedings initiated by the appellant-husband herein on the rejection of his application under section 9 of Hindu Marriage Act, by virtue of which, his suit registered as Suit No. 126 of 2009, "Kharak Singh Dasila v. Smt. Prema Dasila," has been dismissed.

(2.) According to the plaint, as filed by the appellant before the Family Court, Nainital, he stated in his plaint that the marriage between the parties to the appeal was solemnized in 1990, in accordance with the Hindu customs and rituals.

(3.) As a result of the marriage and out of the relationship between them two children were born, a daughter and a son who were 16 and 13 years respectively, in the year 2009 and 2010. His case before the Court was that initial stage, the matrimonial relation was too conducive both loved and regarded each other, but later the respondent (wife) Smt. Prema, in 1996, without their being any justification and reason had went to her parents place along with the children and she continues to reside with her parents, sulkily denied to live with appellant, this will amount to be desertion and cruelty.