AAYUSH RASTOGI Vs. PRINCIPAL JUDGE FAMILY COURT LUCKNOW

JUDGEMENT

(1.) Heard Sri Sudeep Kumar, learned counsel for the appellant and gone through the record available with this appeal. Despite of service through publication, no one appeared for respondent no.2-Smt. Malvika Rastogi.

(2.) By means of the instant appeal under Section 28 of the Hindu Marriage Act, 1955 (in short "Act, 1955") read with Section 19 of the Family Court Act, 1984 (in short "Act, 1984"), the appellant has challenged the judgment and order dated 07.11.2015, passed by the Principle Judge, Family Court, Lucknow in Regular Suit No. 1268 of 2012 (Aayush Rastogi Vs. Smt. Malvika Rastogi), whereby the divorce petition under Section 12(1) (c) of Act, 1955 moved by the appellant was dismissed.

(3.) Facts, in brief, of the present case as submitted by the learned counsel for the appellant are to the effect that the marriage between appellant-Aayush Rastogi and respondent no.2-Smt. Malvika Rastogi was solemnized as per the Hindu Rites and Rituals on 11.12.2011 at Lucknow. After the marriage it was revealed to the appellant that the marriage of respondent no.2- Smt. Malvika Rastogi was solemnized without her free consent and she was not happy with the appellant and she was of the view to go back to Kolkata. Thereafter, the respondent no.2-Smt. Malvika Rastogi went back to Kolkata and returned to Lucknow on 23.12.2011 with appellant.