RAJEEV MISRA,J. - (1.) This is defendant's appeal under Section 19 of Family Courts Act 1984 (hereinafter referred to as 'Act, 1984'), arising out of judgment and decree dated 5.9.2016, passed by Principal Judge, Family Court, Azamgarh in Case No. 50 of 2014 (Alok Kumar Singh Vs. Smt. Shalini Singh), whereby aforesaid case filed by plaintiff-respondent for divorce on ground of desertion has been decreed.
(2.) We have heard Mr. Aditya Singh Parihar, Advocate holding brief of Mr. Rahul Sahai, learned counsel for defendant-appellant (hereinafter referred to as 'appellant') and Mr. Amrendra Nath Rai, learned counsel representing plaintiff-respondent (hereinafter referred to as 'respondent').
(3.) It transpires from record that marriage of appellant (wife) was solemnized with respondent (husband) on 12.12.2006 in accordance with Hindu Rites and Customs. It is alleged by respondent (husband) that appellant (wife) deserted respondent about one month prior to date of institution of divorce case. For better appreciation, it is useful to reproduce paragraphs 6 and 10 of plaint of Case No. 50 of 2014 (Alok Kumar Singh Vs. Smt. Shalini Singh) : "6. That around one month ago elder brother of the lady respondent/defendant came to our house and requested father to give a send-off to Shalini because a marriage was to be solemnised in their family. We, the parents of the petitioner, gave a sent-off on a happy note and with all pleasure to the respondent alongwith clothes, jewellery and cash for her participation in girl's marriage. 10. That a cause of action arose on 15.1.2014 under the jurisdiction of your goodself's court when respondent refused to reside in the petitioner's house, to cohabit and establish physical relation with the petitioner for the aforesaid period i.e. about 3-4 years, thus refrained from marital life, and also misbehaved with members of our joint family; and this Court has proper jurisdiction to hear the case." ;