RAGHUVEER KAINTURA Vs. MEERA KAINTURA

JUDGEMENT

(1.) Both the above-titled appeals have been preferred against the judgment and order dated 16.9.2013 passed by the Principal Judge, Family Court, Dehradun, whereby the suit of the plaintiff/appellant (husband) for divorce under Section 13 of the Hindu Marriage Act, 1955 has been dismissed and the counter-claim of the defendant/respondent (wife) for right of residence has been decreed. First Appeal No. 140 of 2013 is preferred against the dismissal of suit for divorce, while the First Appeal No. 147 of 2018 is preferred against the decree of counter-claim of the defendant/respondent for the residence right.

(2.) Facts of the case are that the plaintiff/appellant married the defendant/respondent on 9.5.1997. Admittedly, it was the second marriage of both plaintiff and respondent. From the first marriage, the appellant have three daughters and a son, while the respondent (wife) has a daughter from her earlier marriage. After the marriage, matrimonial discord occurred between the parties and the appellant (husband) ultimately filed suit for divorce on the ground of cruelty. The respondent/wife filed her written statement. The Court below, on the pleadings of the parties, framed following points for determination:

(3.) Both the parties adduced their evidence. Plaintiff examined himself as PW1, while the defendant examined herself as DW1. The Court below, after examining the evidence, dismissed the suit for divorce and decreed the counter-claim of the respondent/wife for right of residence.