JUDGMENT :

Anil Kumar, J.

1. Heard Sri Brij Mohan Sahai and Sri Raj Priya Srivastava, learned counsel for the appellant. None is present on behalf of the respondents.

2. By means of the instant appeal under Section 19 of the Family Courts Act, 1984 (in short "Act, 1984"), the appellant has challenged the judgment and order dated 05.09.2012, passed by the Family Court, Faizabad in Suit No. 105 of 2000 (Shailendra Kumar Singh v. Smt. Reeta Singh), whereby the divorce petition under Section 13 of the Hindu Marriage Act, 1955 (in short "Act, 1955") moved by the appellant was dismissed.

3. Facts, in brief, of the present case as submitted by the learned counsel for the appellant are to the effect that the marriage between appellant-Shailendra Kumar Singh and respondent-Smt. Reeta Singh was solemnized as per the Hindu Rites and Rituals on 18.04.1987. In the year 1993, out of their wedlock, a daughter namely Ankita was born.

4. It is further submitted by the learned counsel for the appellant that in the meantime the appellant got appointment at District-Bahraich, so he had to leave his home situated at Dharupur, Ambedkar Nager leaving there his wife and minor daughter.

5. Learned counsel for the appellant further submitted that when appellant returned to his home, he came to know that his wife has made illicit relationships with Sri Sunil Kumar Shahi @ Pappu and one Sri Ram Shakal Singh. So, in view of the said facts, some hot talks took place between the appellant-Shailendra Kumar Singh and respondent-Smt. Reeta Singh, as a result of which, in the month of September, 1998, the respondent-Smt. Reeta Singh left her matrimonial house and started living at her parental house in District-Azamgarh.

6. Learned counsel for the appellant further submitted that thereafter, the appellant tried his best to pacify the issue, however all the efforts went in vain, as such, having no other alternative option left, the appellant filed a petition on 06.03.2000 in the Court of Principal Judge/ Family Court, Faizabad for divorce under Section 13 (1)(i) of the Act, 1955, which was registered as Regular Suit No. 105 of 2000 (Shailendra Kumar Singh v. Smt. Reeta Singh).

7. Section 13 (1)(i) of the Act, 1955 reads as under:-

"13. Divorce.-(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband of the wife, be dissolved by a decree of divorce on the ground that the other party

[(i) has, after the solemnization of marriage, had voluntary sexual intercourse with any person other than his or her spouse; or]"

8. On 04.01.2001, respondent-Smt. Reeta Singh filed her written statement and thereafter, she also filed the additional written statement dated 16.11.2002/10.01.2003 on 10.01.2003. The rebuttal was filed by the appellant on 10.11.2019.

9. Leaned counsel for the appellant further submitted that thereafter, an application for amendment of the plaint was filed by the appellant and the same was allowed and accordingly, the plaint was amended and Sri Ram Shakl Singh was impleaded as respondent No. 2 in the petition filed by the appellant under Section 13 of the Act, 1955 as well as certain amendments were incorporated in the facts of the case. The written statement was also amended by moving the application for amendment dated 03.09.2008.

10. Learned counsel for the appellant further submitted that in order to prove his case, in addition to the documentary evidence, which were letters written by the appellant as well as respondent-Smt. Reeta Singh, on behalf of the appellant, P.W.-1-Shailendra Singh was examined and on behalf of defendant, D.W.-1/Smt. Reeta Singh and DW-2/ Sri Satya Prakash Singh were examined and the evidence of Sri Ram Shakal Singh, who was impleaded as respondent No. 2 was filed in the petition by way of an affidavit.

11. Vide order dated 05.09.2012, the Principal Judge, Family Court, Faizabad dismissed the Regular Suit No. 105 of 2000 (Shailendra Kumar Singh v. Smt. Reeta Sing