- (1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 19 of Family Courts Act, 1984, is directed against the judgment and order dated 11-9-2007, passed by Princi pal Judge, Family Court, whereby petitioner/appellant's Divorce Petition No. 56 of 2003, under Section 13 of Hindu Marriage Act, 1955, is dismissed by said court.
(2.) HEARD learned counsel for the parties and perused the lower court record. Brief facts of the case are that both the parties are Hindus. Petitioner- Harish Chandra Singh Chilwal, got married to respondent Smt. Pushpa, on 23-2-1993, at Ramnagar, ac cording to Hindu rites. After the marriage, for sometime the couple lived peacefully but thereafter they started quarrelling. Out of the wedlock, two daughters were born, who are now grown up. The petitioner/appellant's case is that respondent used to insult him by say ing that his practice as an Advocate is poor and he is living as a dependant on his family. She used to taunt him by saying that she earns more than her husband. It is further alleged that she used to insist her husband (present petitioner/appellant) to get separated from his joint family. Agreeing to demand, the peti tioner started living with his wife in a rented accommodation. It is further alleged in the divorce petition that respondent used to go to her parents house too frequently. It is further alleged that respondent insulted the peti tioner's mother and committed cruelty against the petitioner and his family. Finally, in the year 2002, she left the house of the petitioner. The petitioner has further alleged that peti tioner is regularly sending amount of main tenance for children, who are living with his wife. It is further stated that petitioner her self is earning member and is teaching in a school. The respondent contested the petition of divorce but admitted having got married to the petitioner on 23-2-1993, as stated in the divorce petition. She denied that she in sulted her husband or committed any cruelty against him. She further pleaded that it is her husband (present petitioner/appellant), who treated the respondent with cruelty and neg ligence.
(3.) ON the basis of the pleadings of the par ties, the trial court framed following three is sues:- 1. Whether the respondent treated the pe titioner with cruelty, after their marriage ? 2. Whether the petitioner is entitled to de cree of divorce under Section 13 of Hindu Marriage Act, 1955, on the ground of cruelty ? 3. To what relief, if any, the petitioner is entitled? Both the parties adduced their oral and documentary evidence before the trial court. The trial court after hearing the parties and discussing the evidence, dismissed the peti tion with the finding that respondent has not treated the petitioner with cruelty. Hence this appeal before this Court.;