YOGESH MALHOTRA Vs. SONAM

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 18 -01 -2008, passed by Principal Judge, Family Court, Dehradun, in Suit No. 138 of 2006, whereby petition under Section 13 of Hindu Marriage Act, 1955, filed by the Respondent -Sonam has been allowed and decree of divorce has been granted.

(2.) HEARD Learned Counsel for the parties and perused the Lower Court Record.

(3.) THE Defendant / Appellant contested the petition before the trial court (Principal Judge, Family Court, Dehradun) and filed his written statement. The marriage between the parties is admitted to him, but it is pleaded that the marriage was performed at Nagina, Bijnore. As to the demand of dowry, the allegations are denied. Also, allegations relating to taking drugs or treating the Petitioner with cruelty are denied. It is stated in the written statement that Defendant / Appellant is a small shop keeper, who runs a bicycle repairing shop at Nagina, Bijnore, while the parental side of the Plaintiff/ Respondent are rich and they have their business establishment in Paltan Bazar, Dehradun. The Plaintiff / Respondent is not inclined to live with the Defendant / Appellant and wants to make him live at Dehradun.