SATISH KUMAR Vs. POONAM

JUDGEMENT

(1.) The appellant-husband questioning the judgment dated 16.04.2016 passed by the learned Additional Judge, Family Court, Roorkee, District Haridwar in OS. No. 397 of 2014 "Satish Kumar Vs. Smt. Poonam", where the learned family Court Roorkee, had disposed of the petition by rejecting the relief claimed by the appellanthusband under Section 13(1)(i-a) of the Hindu Marriage Act, seeking a relief for dissolution of marriage.

(2.) The relief as claimed by the appellant in the instant appeal, while questioning the veracity of the judgment dated 16.04.2016 is that apart from the judgment being contrary to the pleadings and the material placed before the Court below, the learned family Court has not considered the evidence and the pleading in its correct perspective and has recorded a perverse finding while rejecting the plea taken under Section 13 of the Hindu Marriage Act. Learned counsel for the appellant submits that since the dissolution of marriage was simpliciter on the ground of cruelty and he submits that the factum of cruelty was established by him but the same was not rightly appreciated in its true spirit by the learned family Court, and also as in accordance with the material placed by him.

(3.) For the purposes of establishment of cruelty, the appellant tried to submit that as per the Rules framed under the Hindu Marriage Act, it necessarily requires that each and every incidence of the cruelty should be pleaded by giving full details of the cruelty while filing of a petition under Section 13 of the Hindu Marriage Act. Learned counsel for the appellant submits that since each incident of cruelty was pleaded by him and was proved during the trial of the matter but despite of the same having been settled has not been considered by the learned Court below, thus Court below had failed to appreciate the case placed by the appellant, thus the judgment impugned is perverse.