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2019 Supreme(UK) 434

ALOK SINGH, NARAYAN SINGH DHANIK
Indresh Gopal Kohli – Appellant
Versus
Anita – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. V.K. Kohli, Senior Advocate, assisted by Ms. Rajni Supyal, Advocate
For the Respondent:Mr. Prabhakar Joshi, Advocate

JUDGMENT :

Narayan Singh Dhanik, J.

Challenge in this first appeal, under Section 19 of the Family Courts Act, 1984, is to the judgment and order dated 15.2.2018, passed by the Additional Judge, Additional Family Court, Rishikesh, District Dehradun, whereby the Original Suit No. 55/2013 of the plaintiff/appellant (husband), for divorce under Section 13 of the Hindu Marriage Act, 1955, has been dismissed.

2. The background facts of the case necessary to be noted for deciding this first appeal are that the marriage of the appellant - husband was solemnized with the respondent - wife on 20.5.2009 as per Hindu customs and ceremonies. On 7.3.2010, a son was born to them. Appellant’s father runs a nursing home in Rishikesh and the respondent is also a doctor (B.M.S., M.D.). It was pleaded by the husband in the petition, filed under Section 13 of Hindu Marriage Act, that soon after the marriage, relations between the parties to matrimony soured and he was treated with cruelty by the respondent. It was alleged that the appellant (wife) used to create scene in the nursing home of the appellant’s father and quarrel with the husband unnecessarily, and misbehaved not only with the husband but als

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