MADAN SINGH NEGI Vs. LAXMI

JUDGEMENT

(1.) THIS appeal, preferred under Section 19 of Family Courts Act, 1984, read with Section 28 of Hindu Marriage Act, 1955, is directed against the judgment and decree dated 09.04.2008, passed by Judge, Family Court, Pauri Garhwal, in Matrimonial Suit No. 61 of 2006, whereby the petition of the appellant, moved under Section 13 of Hindu Marriage Act, 1955, was dismissed.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) RESPONDENT Laxmi contested the suit and filed her written statement before the trial court. She admitted having married to petitioner (appellant) and also admitted that a male child (Rohit) was born out of the wedlock. She further admitted that she did ask her husband to take her to Delhi, where he is employed but he did not take her. She also admitted that since 14.12.2005, she is living in her parental house. Rest of the pleas taken by the husband are denied. It is pleaded in the written statement that the respondent is not suffering from epilepsy. It is further pleaded that when she was subjected to cruelty by her in-laws for non-fulfilment of demand of dowry, she did move an application under Section 156 (3) of Code of Criminal Procedure, 1973, before Judicial Magistrate, Pauri, but same was dismissed. She did not pursue the matter, as she wanted to save her matrimonial home.