Pawan Kumar Pandey VS Sudha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

RAJAN ROY, OM PRAKASH SHUKLA
Pawan Kumar Pandey – Appellant
Versus
Sudha – Respondent

Advocates:
Counsel for the Parties:
For the Appellant: Bhavini Upadhyay, Pankaj Kumar Tripathi, Sandhya Dubey

JUDGMENT

Om Prakash Shukla, J.—Office has reported sufficiency of service of notice on sole respondent vide report dated 26.09.2023, but none appears on her behalf before this Court to oppose the appeal, hence the appeal was heard ex parte on 20.09.2024.

2. Heard Ms. Bhavini Upadhyay, learned Counsel representing the appellant-husband and perused the impugned judgment as well trial Court’s record.

3. By means of the present appeal under Section 19 (1) of Family Courts Act, 1984 read with Section 28 of Hindu Marriage Act, 1955 and Section 96 of the Code of Civil Procedure, 1908, appellant/husband assails judgment and decree dated 29.04.2023 passed by Principal Judge, Family Court-II, Pratapgarh (hereinafter referred to as ‘Family Court’) in Suit No.787 of 2019: Pawan Kumar Pandey Vs. Smt. Sudha, whereby learned Family Court has dismissed the said suit filed by the appellant/husband for grant of decree of divorce under Section 13 of the Hindu Marriage Act, 1955.

4. At the very outset, it is essential to advert to the brief factual matrix to provide context to the manner in which the present proceedings have arisen before this Court.

A) Appellant and respondent got married on 08.06.200