ANUJ KUMAR SHRIVASTAVA Vs. MAMTA SHRIVASTAVA

JUDGEMENT

(1.) FEELING aggrieved by the judgment dated 22nd December, 2011 passed by the Additional Principal Judge of Family Court, Gwalior in Case No. 370A/11 HMA. The applicant husband has filed this appeal under Section 28 of the Hindu Marriage Act.

(2.) THE non -applicant wife remained absent before the trial Court despite service of notice. She did not make her presence before this Court even after process is served on her.

(3.) THE Additional Principal Judge, Gwalior dismissed the application under Section 13(1)(1 -b) of Hindu Marriage Act 1955, on the ground that the applicant did not make any efforts to bring her back. Hence, instead of passing a decree of divorce, passed an order of judicial separation.