CHANDRAMOHAN Vs. ASHA

JUDGEMENT

(1.) Aggrieved by the order passed by the Family Court rejecting the claim of the appellant/husband/petitioner for divorce under Sec.13 of the Hindu Marriage Act, the appellant has come to this Court with this appeal. By the impugned order, the claim of the husband for divorce on the ground of cruelty and desertion was rejected by the court below.

(2.) The marriage between the spouses took place on 27/3/06. One female child was born in the relationship between the spouses on 10/3/07. Even before the child was born, there was strain in the matrimony and the spouses had started separate residence with effect from 9/1/07. At that time the wife was pregnant by 8 months.

(3.) The petition claiming divorce was filed on 15/1/08. The respondent had entered appearance. A written statement was filed. But subsequently she did not appear before court to participate in the proceedings. Records reveal that a letter dated 26/12/08 was received by the court below, expressing the consent of the respondent for grant of divorce as claimed by the appellant. Before the court below, there was only the evidence of the appellant/petitioner/husband as P.W.1. An affidavit of proof in lieu of chief-examination was filed by him. There was no challenge against the evidence of P.W.1. No documents were marked on the side of the appellant also. The respondent did not adduce any evidence - oral or documentary.