Sandeep Tiwari vs Smt. Suman
2023 Latest Caselaw 1704 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- FIRST APPEAL No. - 837 of 2017
 

 
Appellant :- Sandeep Tiwari
 
Respondent :- Smt. Suman
 
Counsel for Appellant :- Amardeo Singh
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Rajendra Kumar-IV,J.

The instant first appeal has been filed by the plaintiff-appellant assailing the impugned judgment dated 21.02.2017 and decree dated 27.02.2017 passed by the Family Judge, Mainpuri in Divorce Petition No.77 of 2015, (Sandeep Tiwari versus Smt. Suman), under Section 13 of the Hindu Marriage Act, 1955, whereby the divorce petition has been dismissed ex-parte.

Brief facts giving rise to the present appeal is that the marriage of plaintiff-appellant and defendant-respondent was solemnized on 10.12.2001, according to Hindu Rites and Customs and out of their wed-lock two children were borne. Defendant-respondent is presently posted as Principal in Gyanlok Inter College, Suhag Nagar, Firozabad. Father of the defendant-respondent was a retired Sub Inspector and she is residing with her father. She has deserted the plaintiff-appellant without any sufficient cause and she is not ready to live with the plaintiff-appellant. On the basis of desertion, plaintiff-appellant sought divorce with the defendant-respondent. By the impugned order, divorce petition filed by the plaintiff-appellant came to be heard and dismissed ex-parte. Aggrieved, the plaintiff-appellant filed the instant appeal.

Learned Counsel for the plaintiff-appellant mainly submits that the defendant-respondent is legally wedded wife of the plaintiff-appellant, she is continuously living with her father in Firozabad and is presently posted as Principal in Gyanlok Inter College, Suhag Nagar, Firozabad. She is not ready to live with plaintiff-appellant in his house. Plaintiff-appellant is a farmer, there is nobody in his house to look after his old mother. He has claimed divorce on the ground of cruelty and desertion. It is further submitted that plaintiff-appellant filed his affidavit as PW-1 and affidavit of Prabalkant and Shyamveer as PWs 2 and 3 respectively in his ex-parte evidence but trial Court did not appreciate the evidence in right perspective and without application of mind, it dismissed the case.

We have heard learned Counsel for the plaintiff-appellant and perused the material available on record with the assistance of learned Counsel.

Admittedly, out of their wed-lock two children were borne. Defendant-respondent is presently posted as Principal in Gyanlok Inter College, Suhag Nagar, Firozabad. It is also admitted case of the plaintiff-appellant that he is unemployed and engaged in farming. Defendant-respondent offered her husband/plaintiff-appellant to live with her, therefore, it cannot be said that defendant-respondent has deserted her husband without any reasonable excuse.

We do not find any good ground to take a different view from the view taken by the trial Court. There is no illegality, irregularity, legal or otherwise, or perversity in the impugned order.

In view thereof, appeal lacks merit and is ,accordingly, dismissed.

Order Date :- 17.1.2023

I.A.Siddiqui/Mukesh