SHRI. SHANKAR Vs. SAU. RINA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and decree dtd. 21/01/2015 passed by the Judge, Family Court No.2, Nagpur in H.M.P. No. A-215/2012, whereby the petition of the husband, for decree of divorce on the ground of cruelty under Sec. 13(1)(i-a) of the Hindu Marriage Act, 1955, came to be dismissed.

(2.) The marriage between the appellant/husband and the respondent/wife was solemnised on 15/06/2003 at Nagpur as per the Buddhist rites and rituals. Out of the said wedlock, the couple is blessed with one son and one daughter. The daughter is in the custody of appellant/husband, while the son is with the respondent/wife. The appellant/husband sought divorce on the ground of cruelty. The facts with regard to cruelty, as pleaded in his petition, are as under :

(3.) Appellant/husband further states that in order to resume the cohabitation, on 13/2/2012, he issued a legal notice to the respondent/wife. However, she neither replied the said notice, nor showed her inclination to resume cohabitation, and hence he was constrained to file a divorce petition on the ground of cruelty.