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2018 Supreme(All) 2571

DEVENDRA KUMAR ARORA, ABHAI KUMAR
Ashish Kumar Dwivedi – Appellant
Versus
Swati Tiwari – Respondent


Advocates Appeared:
For the Appellant : Virendra Mishra and Shardha Mishra

JUDGMENT :

1. Heard learned Counsel for the appellant and perused the record.

2. The instant First Appeal has been preferred by Sri Ashish Kumar Dwivedi-appellant herein under Section 19(1) of the Family Courts Act read with Section 96 of the Code of Civil Procedure, 1908 against the judgment and order dated 26.05.2018, whereby the learned Principal Judge, Family Court, Lucknow has dismissed Misc. Case No. 39 of 2018 filed by the appellant under Section 13(1a) of the Hindu Marriage Act for dissolution of the marriage, on the ground that the plaint filed by the appellant for decree of divorce is not based on physical and mental cruelty rather it is based on desertion as provided in Section 13(1)(ib) of the Hindu Marriage Act by observing that the continuous period of two years has not reached and as such it is not entertainable in view of the provisions contained in Section 1(ib) of the Act.

3. It has been submitted by the learned Counsel for the appellant that the marriage between the appellant and the respondent was solemnized on 07.07.2016. After some time, the relationship between the spouses was not cordial. She insulted and abused the husband and other members of the family which

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