Court No. - 3
Case :- FIRST APPEAL No. - 665 of 2015 Appellant :- Mahendra Kumar Dhasmana Respondent :- Smt. Reeta Dhasmana Counsel for Appellant :- Ravindra Kumar,Jai Shanker Malviya,R.K.Mishra Counsel for Respondent :- Jai Singh Yadav
Hon'ble Pankaj Mithal,J. Hon'ble Rajiv Joshi,J.
Heard Sri Ravindra Kumar Mishra, learned counsel for the appellant-husband.
The appellant-husband has preferred this appeal under section 19 of the Family Court Act against the judgment and order dated 24.11.2015 passed by Family Court, Moradabad whereby the petition of the appellant-husband for the dissolution of the marriage filed under section 13 of the Hindu Marriage Act, has been dismissed.
The appellant-husband and respondent-wife were married on 17.1.1977. They have three sons. All of them are married and well settled. After 33 years of living together, there was some discord between them and the appellant-husband initiated proceedings for dissolution of the marriage on the ground of cruelty and desertion.
The Family Court has stated that all efforts to get the matter reconciled between the husband and wife have failed and not even their children and daughters-in-law were able to help to sort out the differences between them. The parties are 67 years and 60 years of age and they have lived for more than 33 years together. They have started living separately only since 2009.
A categorical finding has been returned that neither a case for desertion nor of cruelty has been made out and proved by the appellant -husband and as such dissolution of the marriage is not possible in law. The Family Court has further observed that the allegations made in the written statement filed by the wife, if any, cannot be the basis for grant of divorce. The appellant -husband has not proved any action of cruelty or desertion on part of the wife prior to filing of the divorce petition.
Learned counsel for the appellant-husband has also not been able to convince us from the evidence on record that any point for determination arises in this appeal.
In view of the above, as all issues have been settled by the court below and no point for determination arises in this appeal. Therefore, no further adjudication is required.
In these circumstances, when both the parties have lived together for 33 years and have adjusted, they can pull on with the normal wear and tear of life for the remaining period of their life as well.
In view of the facts and circumstances stated above, we find no substance in this appeal and the same is accordingly dismissed.
Order Date :- 24.4.2018 SNT/