SUDHANSHU DHULIA AND PRAFULLA C.PANT, J. - (1.) THIS appeal, preferred under Section 19 of Family Courts Act, 1984, is directed against judgment and order dated 20.08.2010 passed by Judge, Family Court, Nainital in suit No. 32 of 2005, whereby the said court has dismissed the petition of the husband (appellant) under Section 13 of the Hindu Marriage Act, 1955.
(2.) HEARD learned counsel for the parties, and perused the lower court record. Brief facts of the case are that appellant Yograj Singh got married with respondent Smt. Anandi Devi in May, 2001 following the Hindu Rites. There is no issue born out of the wedlock. After the marriage, the respondent joined the company of her husband in Gorakhpur, for some months, whereafter she came back to Kathgodam i.e. place of in-laws of husband, and from there in February, 2002 left for her parents house in District- Bageshwar. She is still living there in Bageshwar in her parental house. The husband (appellant) filed the petition in the year 2005 under Section 13 of Hindu Marriage Act, 1955 on two grounds, namely, cruelty and desertion. He pleaded that the behavior of his wife (respondent) was not good. She used to treat the petitioner/appellant with cruelty, as economic status of her parental side was richer as compared to that of the petitioner/appellant. It is also pleaded by the husband that his wife used to ask him that he should bring the food from some restaurant. It is further pleaded by the husband that on 20th October, 2001, the respondent left her husband's house in Gorakhpur and came to Kathgodam. From there, she went to her parental house and did not come back. It is also pleaded that earlier the petitioner/appellant filed the petition under Section 9 of Hindu Marriage Act, 1955, but after the respondent contested it on allegedly on false grounds, said petition was dismissed.
(3.) RESPONDENT Anandi Devi contested the suit for divorce before the trial court, and filed her written statement. She admitted that she got married to the appellant. It is pleaded by her that the appellant was Marketing Officer with Shri Ram Fertilizers Limited in Gorakhpur. She has denied that she ever treated the appellant with cruelty. She further stated that she did not ask her husband to bring the food from any restaurant. However, she admitted that she came to her parent's house in February, 2002. It is also stated by her that after leaving her husband's house, she came to Kathgodam (Haldwani) in her in-laws place, and from there she left for her parental house. It is alleged by the respondent that she was subjected to cruelty for non fulfillment of demand of dowry.;