CHHAYA BHATT Vs. TARUN JOSHI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 2.8.18 passed by the Family Court, Dungarpur, dismissing the petition filed by the appellant against the respondent seeking divorce under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act" hereinafter).

(2.) The appellant and respondent entered into marriage on 23.6.03 according to Hindu rites and rituals. Out of the wedlock, their son Veer Joshi was born on 14.7.04, who is presently 15 years of age. After living together for a period of about three years, the acrimonous relationship developed resulted in separation of the spouses. The appellant filed a petition before the Family Court, Dungarpur against the respondent seeking divorce on the ground of cruelty in terms of provisons of Section 13 (ia) of the Act. The petition was contested by the respondent by filing a reply thereto.

(3.) On the basis of the pleadings of the parties, the Family Court framed the issues and parties led their evidence. After due consideration of the evidence on record and rival submissions, the Family Court arrived at the conclusion that the appellant has not been able to establish cruelty on the part of the respondent so as to make him entitle for decree of divorce. Accordingly, the petition filed has been dismissed.