IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

First Appeal No. 20 of 2012

Smt. Sukesh

…...Appellant

Versus

Sandeep Kumar

…… Respondent.

Present:

Mr. P.K. Chauhan, Advocate for the appellant.

Mr. Mohd. Safdar, Advocate for the respondent.

Reserved Judgment

JUDGMENT

Coram: Hon’ble Rajiv Sharma, J.

Hon’ble Sharad Kumar Sharma, J.

Dated: 21^st August, 2017

Per Hon’ble Sharad Kumar Sharma, J.

This is a wife’s appeal challenging the judgment dated

23^rd January, 2012, passed by the Family Court in Suit No.

246 of 2011, Sandeep Kumar Vs. Smt. Sukesh, whereby, the

learned Family Court, while deciding the issues, had decreed

the suit and has dissolved the marriage by the impugned

judgment dated 23^rd January, 2012.

In the appeal, the appellant’s contention, while

challenging the decree, is that the Family Court had not

considered the facts and circumstances of the case and

without considering the fact of establishment of cruelty or

desertion, normally, the marriage between the husband and

wife ought not to be dissolved. It is the case of the wife that

once, the husband seeks a dissolution of mar