KHAJANCHI Vs. PREETE

JUDGEMENT

(1.) Heard Sri Dev Prakash Srivastava, Advocate holding brief of Sri Umesh Chandra Saxena, learned counsel for the appellant and Sri Pankaj Kumar Sahu, Advocate holding brief of Sri Shrawan Kumar Verma, learned counsel for the respondent as well as perused the record.

(2.) The instant First Appeal under Sec. 19(1) of the Family Courts Act, 1984 arises out of judgment and order dtd. 13/2/2018 passed by learned Family Court/Additional District and Sessions Judge/F.T.C. Lakhimpur Kheri in H.M. Case No.61 of 2013 (Khajanchi Vs. Preete), whereby the suit for Divorce under Sec. 13 of the Hindu Marriage Act preferred by the appellant was dismissed.

(3.) We have heard the learned counsel for both parties and have carefully reviewed the records. Brief facts of the present case are that in the year 2006, marriage between appellant/Khajanchi and respondent/Preete was solemnized as per Hindu Rites and Rituals. Shortly after the marriage, the respondent began frequently visiting and staying at her parental home. The appellant contended that the respondent failed to fulfill her marital duties and had refused to cohabit with him due to health reason.