PRABHA Vs. KAPIL KUMAR SINGH

JUDGEMENT

(1.) This is defendant's appeal under section 19 of Family Court Act, 1984 (hereinafter referred to as 'Act 1984') arising out of judgement and order dated 24.4.2015, passed by Principal Judge, Family Court, Mathura in Misc. Case No. 294 of 2010 (Smt. Prabha Vs. Kapir Kumar Singh) under section 24 of Act 1984, in Marriage Petition No. 294 of 2010 (Kapil Kumar Singh Vs. Smt. Prabha), whereby application (paper no. 4 Ga) filed by defendant-appellant for interim maintenance has been decided to the dissatisfaction of plaintiff-appellant.

(2.) We have heard Mr. S.S.P. Gupta, learned counsel for defendant-appellant. Inspite of revision of cause list, no one has appeared on behalf of defendant-respondent even though names of five advocates namely, Mr. Amit Kumar Srivastava, Mr. Arun Kumar Srivastava, Mr. Abhishek Kumar Yadav, Mr. Arun Kumar Vishvakarma and Mr. Arun Kumar Srivastava are printed in cause list.

(3.) Plaintiff-Respondent, Kapil Kumar Singh filed Marriage Petition No. 294 of 2010 (Kapil Kumar Singh Vs. Smt. Prabha) for a decree of dissolution of marriage of parties. As per plaint allegations, marriage of parties was solemnized at Central Goat Research Centre, Makhdoom Farrah, Tehsil and District Mathura on 28.2.2008. According to plaintiff-respondent, conduct of defendant-appellant was unbecoming of a wife. To the contrary her conduct towards plaintiff-respondent and his family members was full of cruelty. Consequently, the basis of suit for dissolution of marriage was cruelty which is a ground recognized in law for grant of dissolution of marriage, as per section 13 (i) (a) of Hindu Marriage Act, 1955 (hereinafter referred to as 'Act 1955').