IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL JUSTICE SHRI MANOJ KUMAR TIWARI AND JUSTICE SHRI VIVEK BHARTI SHARMA First Appeal No.12 of 2021

5 December, 2024 Ashish Kumar Jain …Appellant Versus Priya Jain …Respondent Present:-

Mr. Devesh Ghildiyal, Advocate for the appellant Mr. Pradeep Kumar Chauhan, Advocate for the respondent JUDGMENT: (per Shri Vivek Bharti Sharma, J.)

This appeal filed by the appellant, under Section 19 of The Family Courts Act (hereinafter referred as Act), is against the judgment and order dated 29.01.2021 passed by Additional Judge, Family Court, Rishikesh, Dehradun in O.S. No.05 of 2019, whereby the suit for divorce filed by the appellant/husband was dismissed.

2. Facts of the case, in brief, are that the appellant/plaintiff filed the O.S. No.05/2019 under Section 13 of The Hindu Marriage Act, 1955 seeking decree of divorce with the averments that the marriage between the appellant/plaintiff and the respondent/defendant was solemnized on 06.07.2014 as per the Hindu Rites at Dehradun;

that, out of the said wedlock a son was born, who at the time of filing of the divorce petition, was two years and ten months of age; that, for some time after marriage the behavi