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

(2.) 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.) BRIEFLY stating, it was the case of the appellant that he was married with the respondent accordingly hindu rights on 11.07.2005 at Itarsi. After the marriage the respondent started residing with the family of the appellant at village Kalda Tehsil Bhikangaon District Khargone. From the wedlock, a son namely ­ Rudraksh was born on 03.02.2007. It was further alleged that right from the beginning, the respondent treated the appellant and his family with cruelty. She was dis -respectful to the family members of the appellant and used to say that the appellant was not to her liking. She used to say that she is not in a position to live with the appellant in his joint family. Whenever, there was any effort made to counsel her, she became up set and started using abusing language and also threatened the appellant and his family of false implication in dowry demand case.