Prafulla C. Pant, J. (Oral):-

This appeal, preferred under Section 19 of the Family Courts Act, 1984, read with Section 28 of the Hindu Marriage Act, 1955, is directed against the judgment and decree dated 29.3.2010 passed by Judge, Family Court, Nainital in Suit No. 125 of 2008, whereby the trial court has dismissed the petition filed by husband/appellant under Section 13 of the Hindu Marriage Act, 1955.

2. Heard learned counsel for the par­ties and perused the lower court record.

3. Brief facts of the case are that pe­titioner/appellant Yogesh Chandra Joshi got manned to respondent Munni Joshi on 27.5.1998 in district Nainital. Two chil­dren (a son and a daughter) bom out of the wedlock. It is pleaded by the husband (appellant) that after the marriage, behav­iour of his wife was cruel towards him and she treated him with cruelty. It is pleaded that the petitioner is a teacher in a Gov­ernment Intermediate College. It is alleged by him that the respondent used to hurl abuses at him and his family members time and again by saying "rw dks< +h gS] rsjh ekWa Hkh dks< +h gS". It is further alleged that this she used to say in the presence of the friends and relatives. As such, the petitio

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