KALYAN SINGH Vs. INDRA DEVI

JUDGEMENT

(1.) THIS appeal, preferred under Section 19 of the Family Courts Act, 1984, is directed against the judgment and order dated 2nd September 2008, passed by the Judge, Family Court, Udham Singh Nagar, in Suit No. 31 of 2000, whereby the petition of divorce filed by the appellant under Section 13(1)(b) of the Hindu Marriage Act, 1955, is dismissed.

(2.) BRIEF facts of the case are that the petitioner / appellant Kalyan Singh got married to respondent Indra Devi on 09.05.1984, at Chakarpur, Tehsil Khatima, according to Hindu rites and rituals. The petitioner has pleaded that after living for 15 -20 days with the petitioner, the respondent left his house (at Tanakpur) and lived in her parental house for some 11 months. Thereafter, for some 8 -10 days, again joined company of her husband. She conceived a child and a son was born out of the wedlock at Tanakpur. Unfortunately, the son died. Thereafter, she left her husbands house and returned only in May 1988, at the time of death of her father -in -law. Again, she left her husbands house and started living in her parental house, and did not return back. As such, she has deserted the petitioner / appellant without any sufficient reason. With these pleadings petition for divorce was filed by the husband before the District Judge, Pithoragarh from where the case was transferred to Judge, Family Court at Udham Singh Nagar, under orders of the High Court.

(3.) THE respondent contested the petition for divorce and filed her written statement in which she has stated that she was subjected to cruelty for non -fulfillment of demand of dowry, in her husbands house. It is further pleaded that the petitioner used to drink liquor and beat the respondent. It is also pleaded by the respondent that in 1987, she did conceive a child, but due to the beating given by her husband, the child got aborted in January 1988. Thereafter, again she got pregnant from her husband and delivered a male child on 31.12.1989. It is alleged by the respondent that due to the negligence on the part of the husband, the child died on 4th January 1990. It is further alleged by her that she was ousted from her husbands house. She has further pleaded that in 1993, when her mother -in -law died, she was not informed and on coming to know of death of her mother -in -law she herself went to her husbands house, but she was ill -treated on which she had to leave her husbands house, and as such, she was forced to live separately.