UDAY SHANKAR PRASAD Vs. SANGEETA RANI

JUDGEMENT

(1.) PRAFULLA C. Pant, J. 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 de cree dated 16-04-2005, passed by Prin cipal Judge, Family Court, Nainital in Suit No. 21 of 2001, whereby appellant's petition under Section 13 of Hindu Mar riage Act, for decree of divorce, is dis missed.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) ORIGINALLY the petition for divorce was filed before District Judge, Purnia (Bihar) in the year 1999. It appears that the case was transferred to the Princi pal Judge, Family Court, Nainital order dated 16th October 2000, where after the said court took up the hearing, recorded the evidence of P. W. I Uday Shankar Prasad and D. W. I Sangeeta Rani and after hearing them decided the petition, dismissing the same on 16-04-2005. Aggrieved by said order, the peti tioner (husband) filed this appeal before this Court.