Mohit Saxena vs Pratibha Saxena - 2024 Supreme(All) 2168

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 2168

SAUMITRA DAYAL SINGH, DONADI RAMESH
Mohit Saxena – Appellant
Versus
Pratibha Saxena – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Ramendra Asthana
For the Respondent: Amrendra Nath Rai

JUDGMENT :

1. Heard Shri Ramendra Asthana, learned counsel for the appellant and Shri Sanjay Singh, holding brief of Shri Amrendra Nath Rai, learned counsel for the respondent.

2. The present appeal has been filed under Section 19 of the Family Courts Act, 1984 arising from the judgment and order dated 31.08.2015 passed by the Principal Judge, Family Court, Shahjahanpur in O.S. No.1098 of 2014 (Mohit Saxena Vs. Smt. Pratibha Saxena). By that order the learned court below has dismissed the divorce suit instituted by the appellant on the ground of cruelty and desertion. In the present appeal ground of irretrievable breakdown of marriage has also been pressed.

3. By earlier order, we referred the matter to the Mediation Centre. Mediation has failed. Paperbook has been dispensed. Accordingly, the matter has been proceeded.

4. The marriage between the parties was solemnized on 09.11.2008. Then, the appellant was working on a Class-III post with Indian Railways whereas later the respondent started working as an Assistant Teacher under the Government of U.P. On 31.10.2009 a male child was born to the parties. According to the appellant the respondent deserted him on 26.02.2010. She continuous