KRISHNA KUMAR MENARIA S/O LATE PANNA LAL MENARIYA Vs. KUSUM MENARIA W/O KRISHNA KUMAR MENARIA, D/O LATE SHRI CHHABBILALJI MEHTA

JUDGEMENT

(1.) The instant misc. appeal has been filed by the appellant Krishna Kumar Menaria against the impugned judgment dated 22.12.2016 passed by the learned Judge, Family Court, Sri Ganganagar whereby the application filed by the appellant under section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the HM Act for short) was dismissed and the learned Family Court refused to grant decree of divorce to the appellant. Admittedly, the divorce petition was filed on the basis of cruelty to dissolve the marriage of appellant with respondent Kusum Menaria on 6.12.1982. Number of allegations were levelled by the appellant to prove the allegation of cruelty, so also, adultery and in support of those allegations oral evidence of appellant Krishna Kumar Menaria (AW-1) and Kulvindera Singh (AW-2) were recorded. No other evidence was produced by the appellant so as to prove the allegation of adultery against the respondent wife, so also, no reliable or trustworthy evidence was led by the appellant so as to prove the allegation of cruelty and adultery.

(2.) Learned counsel for the appellant submits that although specific allegations were levelled by the appellant in his statement on oath, but the learned Judge, Family Court without considering those allegations made on oath, held that appellant has not proved its case to prove the cruelty. Therefore, the judgment impugned deserves to be quashed and appellant is entitled for the decree of divorce.

(3.) Per contra, learned counsel appearing on behalf of the respondent submits that both the issues were decided by the learned Family Court while considering evidence on record and find that there is no trustworthy and reliable evidence so as to prove the allegation of cruelty and rejected the application filed by the appellant for divorce, therefore, no interference is called for.