Ravindra Pratap Yadav vs Asha Devi - 2023 Supreme(All) 2128

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2128

SUNEET KUMAR, RAJEDNRA KUMAR-IV
Ravindra Pratap Yadav – Appellant
Versus
Asha Devi – Respondent

Advocates:
Advocate Appeared:
For the Appellants : M. Islam, Ahmad Saeed, Azim Ahmad Kazmi.

JUDGMENT :

RAJENDRA KUMAR-IV, J.

1. This family court appeal challenges the impugned dismissal order dated 28.11.2005, passed by Principal Judge, Family Court, Varanasi, on a divorce petition filed by the appellant-husband in Marriage Petition No. 526 of 2001, under Section 13 HINDU MARRIAGE ACT , 1955.

2. The facts of the appellant's case may be briefly stated as follows:

The plaintiff-appellant and defendant-respondent were married on 05.05.1979, according to Hindu rites and rituals. According to the appellant, Gauna was performed after seven years of marriage. The defendant-respondent came to his house and started living as wife. For some time, behavior and conduct of the defendant-respondent was good but suddenly she changed her gait and refused to live with him as wife. Apathy and her inhuman conduct towards appellant became apparent in short time. The plaintiff-appellant tried a lot to convince her but she did not establish relationship with him. The plaintiff-appellant felt that his marriage with the respondent was merely an eyewash because immediately after the “Gauna” serious matrimonial problems developed between them which kept growing. According to the appellant, though th