RAKESH KUMAR BHATIA Vs. SUDESH

JUDGEMENT

(1.) THIS appeal, preferred under Section 19 of the Family Courts Act, 1984, is di­rected against the judgment and decree dated 21-08-2008, passed by the Judge, Family Court, Haridwar, in Suit No. 57 of 2002 (old No. 156 of 1997), whereby the petition filed by the petitioner/appel­lant under Section 13 of the Hindu Mar­riage Act, 1955, was dismissed.

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

(3.) THE respondent contested the pe­tition for divorce and filed her written statement in which she denied having made any allegations of impotency against her husband. She has also denied having got published the defamatory news item against the petitioner/appellant. The re­spondent has further denied that she ever treated the petitioner with cruelty or de­serted him. It is pleaded that she is still living in her husband's house in Mohalla Aryanagar, Jwalapur, Haridwar. The re­spondent has raised an objection in the written statement that the present suit is barred under Rule 9 of Order IX of the Code of Civil Procedure, 1908.