SANJEEV CHOKHANI Vs. GARIMA CHOKHANI

JUDGEMENT

(1.) The instant appeal, under Sec. 19(1) of the Family Courts Act, is directed against judgment and decree dtd. 5/12/2018 passed by learned Principal Judge, Family Court, Ranchi in Original Suit (M.T.S.) No. 518 of 2015 whereby and whereunder the suit filed by the petitioner-husband, appellant herein, under Sec. 13 of the Hindu Marriage Act, 1955 for decree of divorce has been dismissed.

(2.) The facts in brief are that the appellant- husband married with respondent-wife on 18/6/1997 at Agrasen Bhawan, Ranchi as per Hindu Customs, rites and rituals. Out of their wedlock, they have two daughters, namely, Hansika Chokani-the elder one and the younger is Nikki Chokhani.

(3.) Ms. Rashmi Kumar, learned counsel for the appellant-husband has assailed the impugned judgment on the ground of perversity and non-consideration of vital issue of the conduct of the respondent due to which the appellant is being subjected to cruelty as also there is non-consideration of the fact that the respondent-wife is living apart and the appellant-husband having no marital relationship with her since long and hence submission has been made that it is a fit case where ground of desertion is well available but the same has not been considered in right prospective and the learned Family Court, Ranchi has come to the conclusion that the ground of divorce i.e., 'cruelty' and 'desertion' is not available.