ANIL KUMAR JAIN Vs. KALPANA JAIN

JUDGEMENT

(1.) This appeal under Section 19 of the Family Courts Act, 1984 ( hereinafter referred to as Act of 1984) has been filed by the plaintiff (husband) assailing the judgment and decree dated 29.02.2012 passed by Principal Judge, Family Court, Agra in Divorce Petition No. 457 of 2004 whereby the suit of the plaintiff-appellant for divorce filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as Act of 1955) has been dismissed.

(2.) We have heard Sri Swapnil Kumar, Advocate for plaintiff-appellant and Sri S. K. Purwar, learned counsel for the defendant-respondent.

(3.) From record it transpires that initially marriage of the appellant Anil Kumar Jain was solemnized with Smt. Nishi Jain on 12.04.1991. From aforesaid wedlock, two daughters namely Gazal Jain and Geetika Jain were born. Unfortunately, Smt. Nishi Jain, wife of the appellant, died on 12.04.1991. Accordingly, plaintiff-appellant performed his second marriage with the defendant Smt. Kalpana Jain on 14.11.1994. The aforesaid marriage was solemnized in accordance with Hindu Rites and Customs. It is the case of the appellant that after almost more than nine years of marriage, the defendant-wife deserted the appellant on 25.05.2004 and went to her paternal home, without disclosing the grounds for leaving the matrimonial home. The appellant thereafter filed Marriage Petition No.457 of 2004 (Sri Anil Kumar Jain Vs. Smt. Kalpana Jain) before the Family Court, Agra, for a decree of divorce on the ground of cruelty.