SURESH KUMAR Vs. KANTI

JUDGEMENT

(1.) This judgment shall dispose of First Appeal preferred on behalf of the appellant/husband aggrieved of the judgment delivered by the learned 2nd Additional Principal Judge Family Court, Indore in Hindu Marriage Case No.669/2010 dated 02.09.2011. By the impugned judgment, the learned Family Court has been pleased to dismiss the suit filed on behalf of the appellant for dissolving the marriage with Smt. Kanti Rathwe the respondent both on the ground of treating her with cruelty and deserting him for the period of more than two years w.e.f. 9.10.2007. The suit was instituted on 17.08.2010.

(2.) The respondent contested the suit before the Family Court by filing written statement however, she did not appear to lead any evidence in support of her pleas. She has also not appeared before us despite service. She also did not appear before the Mediation Center despite several notices given to her and her counsel.

(3.) The Family Court after recording the evidence led on behalf of the appellant despite the fact that the respondent neither cross examined the appellant nor led any evidence in the suit, dismissed the suit filed by the appellant. Hence this appeal.