JUDGMENT :

Pradeep Kumar Srivastava, J.

This appeal has been preferred against the judgment and decree dated 04.04.2015, passed by Principal Judge, Family Court, Jhansi, in Suit No. 177 of 2013 (Mukesh Soni v. Smt. Nisha Soni), under Section 13(1)(a) of the Hindu Marriage Act, whereby the divorce petition of the plaintiff-respondent has been decreed dissolving the marriage between the parties dated 18.06.2005.

2. The impugned judgment and decree has been challenged on the ground that the learned court below has passed the judgment on the basis of surmises and conjectures, hence, the same is perverse. The grounds of divorce has been made out beyond the pleadings and the learned court below has committed illegality by shifting burden of proof on the defendant-appellant. No cruelty was proved by the plaintiff-respondent. The learned court below has also not considered the pendency of the suit filed under Section 9 of the Hindu Marriage Act by the defendant-appellant. The judgment is contrary to law, hence, the impugned judgment and decree is liable to be set aside.

3. A divorce petition was filed by the plaintiff-respondent Mukesh Soni before the learned court below, under Section 13(1)(i