RENU SINGH Vs. PRAMOD KUMAR SINGH

JUDGEMENT

(1.) Counter affidavit filed today is taken on record. Heard Sri Chandra Sen Pal, learned counsel for the petitioner and Sri Shailendra Singh, learned counsel for respondent. With the consent of the learned counsels for the parties, the present petition has been heard for final disposal and is being decided at the admission stage itself without calling for their affidavits.

(2.) In the present petition, the order dated 11.7.2017 passed by the Additional District and Sessions Judge/FTC, Court No. 2, Azamgarh passed on the application 17 Ga-2 filed by the husband (petitioner therein) in Matrimonial Petition No. 50 of 2008 (Pramod Kumar Singh v. Smt. Renu Singh) under Section 13 of Hindu Marriage Act, 1955 is under challenge. The petitioner herein is wife/respondent in the said suit.

(3.) The noticeable facts relevant to deal the controversy are that the marriage of the parties had been solemnised on 28.6.1999 as per the Hindu rites and rituals. A child was born on 31.1.2000. It appears that some dispute arose between the parties and the wife is residing in her paternal house with her son. There are rival contentions of the parties regarding leaving of her matrimonial home by the wife. The claim of the husband in the matrimonial petition is that the parties started living separately by mutual consent with the intervention of their family members and wife is residing in her paternal house since after 2.2.2000. Whereas the claim of the wife is that she was thrown out of her matrimonial home for demand of dowry on 14.4.2006 and since then she is residing in her paternal home.