LAWS(ALL)-2009-2-118

MEENA SINGH Vs. MITHLESH KUMAR SINGH

Decided On February 03, 2009
MEENA SINGH Appellant
V/S
MITHLESH KUMAR SINGH Respondents

JUDGEMENT

(1.) THIS is an appeal under Section 19 of the Family Courts Act, 1984 against the judgment, order and decree of divorce dated 30.9.2004 passed by the Family Court, Azamgarh in original suit No. 283 of 1999 (Mithlesh Kumar Singh Vs. Smt. Meena Singh).

(2.) THE plaintiff-respondent instituted a suit for divorce against his wife defendant-appellant under Section 13 of the Hindu Marriage Act, 1956 on the ground of mental cruelty, desertion and refusal to discharge the matrimonial obligations. On due contest the suit was decreed and it was recorded that both the parties are living separately for many years and cannot live together as husband and wife.

(3.) ADMITTEDLY, the parties got married in the year 1982 and they are living separately at least since 1991, earlier also their relations were not very cordial and for all practical purposes they were living separately, though through the wedlock a son Amar Singh (Anupam) was born to them on 30.11.1989.