GOPAL BHARTI Vs. MAHESHWARI DEVI

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the respondent.

(2.) The appellant is aggrieved by the Judgment and Decree dated 07.12.2009 passed by the learned Principal Judge, Family Court, Dhanbad, in T.M.S No.297 of 2006, whereby, the suit filed by the appellant under Sections 13(1)(i-a)(i-b) of the Hindu Marriage Act, for dissolution of the marriage by the Decree of Divorce, has been dismissed by the Court below.

(3.) At the very outset, it may be mentioned that upon going through the record, this Court found that both the parties were living separately since the year 1997 itself and accordingly, Learned counsel for the appellant was directed to seek instructions about the payment of lump-sum amount as one time settlement of the dispute, to the respondent wife, to which, upon seeking instructions, learned counsel informed the Court that the appellant was not agreeable. Hence, learned counsels for the parties have been heard on merits.