JUDGMENT :

1. Heard Sri Deep Chandra Joshi, learned counsel for the appellant and Sri D.K. Srivastava, learned counsel for the respondent.

2. Present appeal has been filed under Section 28 of the Hindu Marriage Act arising from judgment and order dated 25.9.2008 passed by Principal Judge, Family Court, Moradabad, whereby the learned Court below has dismissed Matrimonial Case No. 449 of 2007 (Jyotish Chandra Thapliyal Vs. Smt. Deveshwari Thapliyal).

3. Perusal of the record reveals that the divorce was sought on the ground of cruelty, set up by the appellant. According to the appellant, the respondent practised cruelty in having refused to discharge her moral duty to take care of the aged parents of the appellant. In that regard, it is the admitted case of the appellant (as recorded by the learned Court below in the impugned order) that the appellant used to live away from the respondent while serving as a police official in the State Police. Thus, the appellant nowhere stated that his aged/retired parents were living with the respondent and in that the respondent refused to take care of her in-laws. On the contrary, the appellant himself set up a case that he used to live separately f