DEVENDRA KUMAR ARORA,J. - (1.) Heard learned counsel for the appellant and perused the judgment and order dated 03.08.2017 passed by the Principal Judge, Family Court, Lucknow whereby the Regular Suit No. Nil of 2017 preferred by the appellant has been rejected at the admission stage itself on the ground that the case does not relate to cruelty rather pertains to desertion and as such is barred by Section 13(1) (1B) of the Hindu Marriage Act, 1955 (hereinafter referred to as ' Act of 1955').
(2.) Considering the apparent error on record which is legally unsustainable and as such issuance of notice to the respondent no. 2 is hereby dispensed with.
(3.) The factual matrix of the case is that the marriage of the appellant was solemnized with respondent no. 2-Arun Kumar Pandey on 30.11.2012, as per Hindu rites and rituals, when appellant reached her matrimonial home, she came to know that the marriage was solemnized by deceit and giving wrong impression with respect to profession of the respondent no. 2. Further, from the very beginning of her married life, respondent no. 2 was pressurizing her to bring money from her parents. Initially, she fulfilled the financial demands of respondent no. 2, but with the passage of time she felt herself unable to fulfil her husband's demand, she stopped fulfilling the unnecessary demands of the respondent no. 2, which resulted in physical and mental torture by respondent no. 2 and ultimately, she left her matrimonial house.;