VIKAS SHUKRAWARE Vs. PINKEY SHUKRAWARE @ PINKEY VARSHE SHUKRAWARE

JUDGEMENT

(1.) This appeal under Section 19 of Family Court Act 1984, has been preferred by the appellant being aggrieved by order dated 08.02.2018 in C.S. No. 75-A/2016 passed by First Additional Principal Judge, Family Court Jabalpur whereby the learned Judge has rejected the petition under Section 13 of Hindu Marriage Act filed by appellant seeking decree of divorce.

(2.) Brief facts of the case are that the marriage of appellant and respondent was solemnized on 31.05.2010 and thereafter they were blessed by a male child on 01.09.2013. Thereafter, some dispute arose between them and the appellant had filed petition under Section 13 of Hindu Marriage Act contending that the respondent acted cruel behavior with the appellant and his old mother. She used to quarrel with them and on 26.01.2014, she left her matrimonial house along with their minor son. The appellant made an efforts several times to settle the dispute between them but the respondent did not accept his offer every time. The appellant has also made a complaint against the respondent to Superintendent of Police Jabalpur with the prayer of compromise between them. But the respondent did not express her interest in this regard. Thereafter the appellant has also filed an application under Section 9 of Hindu Marriage Act before the Family Court Jabalpur and according to compromise taken place between them and in compliance of Court order the respondent lived with the appellant only for one day. Therefore, the appellant has submitted an application under Section 13 of Hindu Marriage Act for dissolution of their marriage.

(3.) Vide order dated 13.01.2017, the learned Family Court has passed an order on the application under Section 24 of Hindu Marriage Act filed by the respondent-wife and directed to the appellant to pay the interim maintenance amount of Rs. 3,000/- per month to the respondent. Thereafter vide order dated 08.02.2018, the learned Family Court has dismissed the application filed by the appellant under Section 13 of the Hindu Marriage Act on the ground that the appellant did not comply with order dated 13.01.2017 and not give any maintenance amount to the respondent. Hence this present appeal is preferred for.