MOHINDER VERMA Vs. SAPNA

JUDGEMENT

(1.) Delay of 30 days in refiling the appeal is condoned. This appeal has been filed by the husband against the judgment and decree dated 15.4.2014 passed by the District Judge, Family Court, Ambala whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act") filed by the wife for dissolution of marriage by a decree of divorce on the ground of cruelty, was allowed.

(2.) A few facts necessary for adjudication of the instant appeal as narrated therein are that the marriage between the parties was solemnized on 23.6.2004 according to Hindu rites and ceremonies at Ambala Cantonment. After the marriage, the parties lived together as husband and wife and cohabited as such but no child was born out of the said wedlock. The appellant took the respondent to Mata Vaishno Devi Temple. Thereafter, the respondent went to Ambala Cantonment to attend the marriage of her brother and after that she never turned up to the matrimonial home and deserted the appellant without any cause. The appellant tired his best level to bring the respondent back but she refused to accompany him. However, the respondent filed a petition under Section 13 of the Act for dissolution of marriage on the ground of cruelty and desertion. The said petition was contested by the appellant by filing written statement. The averments made in the petition were controverted by the appellant and prayer for dismissal of the petition was made. From the pleadings of the parties, the trial court framed the following issues:-

(3.) The trial court on appreciation of evidence led by the parties, decided issue No. 1 in favour of the respondent holding that the respondent was entitled to a decree of divorce on the grounds pleaded in her petition. It was further observed that vide order dated 24.4.2013, it was held that the wife was entitled to Rs. 1500/- per month as maintenance pendente lite from the date of application filed under Section 24 of the Act, besides litigation expenses of Rs. 7500/- which had not been paid by the husband inspite of availing several opportunities to do so. As a consequence on 24.2.2014, the trial court had struck off the defence of the husband. Accordingly, the trial court vide judgment dated 15.4.2014 passed the decree in favour of the respondent-wife dissolving the marriage between the parties. Hence, the present appeal.