SANTOSH KUMAR Vs. ASHA BUDAKOTI
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
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(1.) Both these appeals are directed against the judgment and order dated 30th of April, 2011, passed by Principal Judge, Family Court, Pauri Garhwal, in Matrimonial Suit No. 114 of 2008, whereby said court has passed the decree of judicial separation on the petition filed by the husband, for divorce under Section 13 of Hindu Marriage Act, 1955.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Brief facts of the case are that Santosh Kumar got married to Asha Budakoti on 01.12.2000, in Kotdwar, District Pauri Garhwal, following the Hindu rites. The petitioner Santosh Kumar (husband) has pleaded in the divorce petition that his wife Asha Budakoti was a teacher in Primary School, in Amlesa, and after her marriage, she lived for a short time with her husband in Duggadda, but thereafter, she expressed her desire to stay in her parental house, and left the company of her husband, on the pretext that she has to complete her studies for B.Ed. Course. It is alleged by the husband in the petition for divorce that his wife for one reason or the other continued to live with her parents. It is also alleged that on 14.07.2003, the husband got sent the notice to his wife, on which, she joined the company of her husband for a day and went back to her parental house and did not return. With these pleadings, on the ground of desertion, the petitioner prayed for a decree of divorce. It is 3 also pleaded by the husband that he is under going mental tension due to conduct of his wife.;
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