HIGH COURT OF UTTARAKHAND AT NAINITAL

First Appeal No. 36 of 2025

Kanchan Setiya ......Appellant

Versus

Nitin Setiya ..….Respondent

Present:

Mr. Shailabh Pandey, Advocate for the appellant.

Mr. M.K. Ray, Advocate for the respondent.

JUDGMENT

Coram: Hon’ble Ravindra Maithani, J

Hon’ble Alok Mahra, J.

Hon’ble Ravindra Maithani, J. (Oral)

Instant appeal is preferred against the judgment and

order dated 23.12.2024, passed in Original Suit No. 131 of 2022, Kanchan Setiya Vs. Nitin Setiya, by the court of Additional Principal Judge (Additional Charge), Family Court, Udham Singh Nagar. By which, the petition filed by the appellant under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 (“the Act”) seeking divorce has been

rejected.

2. The appellant sought divorce inter alia on the ground that she and the respondent were married on 01.02.2013. But after marriage, she was harassed and tortured for and in connection with the demand of dowry. The respondent would pick quarrels on small issues and assault the appellant with shoes and slippers. The appellant continued bearing it. On 13.05.2016, she gave birth to a

baby boy, but the acts of cruelty perpetrated by the respondent persisted even thereafter. B